Herndon v. State’s Empirical Analysis

Citation profile

8 state decisions

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) A person commits the crime of robbery in the first degree if he violates Section 13A-8-43 and he: “(1) Is armed with a deadly weapon or dangerous instrument; or [[Image here]] “(b) Possession then and there of an article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or dangerous instrument, or any verbal or other representation by the defendant that he is then and there so armed, is prima facie evidence under subsection (a) of this section that he was so armed.””

   2 later decisions quote this exact passage · from the majority
   e.g. Lucas v. State · 648 So. 2d 1175 - McCaskill v. State

2. ““We hold that the better rule is that an unloaded gun is a ‘deadly weapon’ for the purposes of § 13A-8-41 [robbery in the first degree], and that when the evidence shows, as it does in this case, that the defendant was ‘armed’ with a pistol at the time of the robbery, the showing that it was, in fact, not loaded, is not an affirmative defense, nor is it evidence that will entitle the defendant to a lesser included offense instruction.””

   2 later decisions quote this exact passage · from the majority
   e.g. Evans v. State · Lucas v. State

3. ““A difficult area is robbery by use of an unloaded, inoperable or dummy weapon. The basic theory of this article is to protect the citizen from fear for his or another’s health and safety. This should be aggravated only when there is actual serious physical injury inflicted or when the robber possesses an instrument which is readily capable of inflicting such injuries. However, it is sometimes difficult to prove that defendant actually was armed with a dangerous weapon, unless he is apprehended at the scene. In an effort to balance the needs for enforcement with the demands for appropriate penalties, § 13A-8-41 makes possession of an object reasonably believed to be a ‘deadly weapon’ or ‘dangerous weapon’ as defined in § 13A-1-2, or representation by the defendant that he has one, prima facie evidence that he is armed. If in fact the defendant refutes this, he may still be convicted of robbery in a lesser degree. This provision is consistent with other recent criminal codes, e.g. Colorado Criminal Code § J/.0-J/.-302; Michigan Revised Criminal Code, § 3305; and New York Penal Law, §§ 160.10, 160.15, amended 1969, so as to make the unrebutted appearance of a loaded firearm robbery in the first degree, and even the display of what appears to be a firearm, but shown by the defendant to have been unloaded, robbery in the second degree.””

   1 later decision quote this exact passage · from the majority
   e.g. Coleman v. State