562 So. 2d 710 - Naumowicz v. State’s Empirical Analysis
1990
Citation profile
20 state decisions
How this case has been cited
Cited by 20 later decisions — most recently October 2020
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 559 So. 2d 187 - State v. Law · 458 So. 2d 269 - Florida Bar v. Johnson · 416 So. 2d 1203 - Streeter v. State · 397 So. 2d 1224 - Damon v. State · Gonzalez v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Robert James Foster, the defendant in this case, has been accused of the crime of three counts of DUI manslaughter. Before you can find the defendant guilty of DUI manslaughter, the State must prove the following three elements beyond a reasonable doubt: One, Robert James Foster operated a vehicle. Two, Robert James Foster, by reason of such operation, caused the death of Norman T. Smith, Lisa G. Smith and Andrea J. McGee. Three, at the time of such operation Robert James Foster was under the influence of alcoholic beverages to the extent that his normal faculties were impaired or had a blood alcohol level of 0.10 percent or higher. "Vehicle" is any device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks. "Normal faculties" means those faculties of a person such as the ability to see, hear, walk, talk, make judgments and, in general, to normally perform the many mental and physical acts of our daily lives. "Alcoholic beverages" are considered to be beer, wine, whiskey, and all other alcoholic beverages of any kind and description which are made for human consumption. Before you can find the defendant guilty of DUI manslaughter, the State must prove beyond a reasonable doubt, among other things, that the defendant's deviation or lack of care in the operation of his automobile attributed to the fatal accident in which these three named individuals were killed.”
1 later decision quote this exact passage“While retrograde analysis could place her blood alcohol level only within a 0.08 to 0.17 percent range at the time of the accident, the jury could reasonably infer from the totality of the evidence as outlined above, that Naumowicz's faculties were impaired because of the alcohol consumption at the time of the accident.”
1 later decision quote this exact passage“If the jury decides upon a partial ‘pardon’ and returns a verdict of guilty on one count and not guilty on another, it is certainly unwise to have a procedure which requires the judge to enter verdicts of acquittal on both counts if the verdict is found to be inconsistent.”
1 later decision quote this exact passagee.g. State v. Perez
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.