579 So. 2d 86 - Shere v. State’s Empirical Analysis

Citation profile

1 federal appellate · 31 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he factor of heinous, atrocious or cruel is proper only in torturous murders —those that evince extreme and outrageous depravity as exemplified either by the desire to inflict a high degree of pain or utter indifference to or enjoyment of the suffering of another.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Rimmer v. State · Brown v. State

2. “Shere's last claim attacks the trial court's penalty-phase instructions and findings. Initially, Shere argues that the court erred by instructing the jury to consider whether the murder was committed to disrupt or hinder the lawful exercise of a governmental function or law enforcement. See § 921.141(5)(g), Fla. Stat. (1987). We disagree. Substantial competent evidence properly introduced at trial supports beyond a reasonable doubt the finding that Shere and Demo plotted to kill Snyder because they believed Snyder had become a witness against them in an unrelated criminal case. See, e.g., Francis v. State, 473 So.2d 672, 677 (Fla.1985), cert. denied, 474 U.S. 1094 , 106 S.Ct. 870 , 88 L.Ed.2d 908 (1986); Lara v. State, 464 So.2d 1173 (Fla.1985). The trial court did not err in instructing the jury on a circumstance that was supported by the evidence. Shere also argues that the trial court erred by finding the murder was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification. § 921.141(5)(I), Fla. Stat. (1987). Again we find substantial competent evidence to support the trial court's finding. This circumstance requires proof of heightened premeditation, that is, "the evidence must prove beyond a reasonable doubt that the defendant planned or arranged to commit murder before the crime began." Porter v. State, 564 So.2d 1060, 1064 (Fla.1990); see also, e.g., Rogers, 511 So.2d at 533. There is no evidence to reasonably suggest”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 830 So. 2d 56 - Shere v. Moore · 579 So. 2d 80 - McKinney v. State

3. “purpose of cross examination is to elicit testimony favorable to the cross-examining party ... and to challenge the witness's credibility when appropriate”

   2 later decisions quote this exact passage
   e.g. Morrison v. State · 702 So. 2d 186 - Chandler v. State