581 So. 2d 1339 - Shaara v. State’s Empirical Analysis

Citation profile

1 federal appellate · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`a lesser offense necessarily included in the offense charged'.”

   2 later decisions quote this exact passage
   e.g. Paige v. State · 618 So. 2d 301 - Mordica v. State

2. “We hold that Shaara’s convictions for sexual battery with a deadly weapon under section 794.011(3) necessarily determined the essential statutory elements of sexual battery by threats to use force likely to cause serious personal injury under section 794.011(4)(b) ...[.] We recognize that the Florida Standard Jury Instructions in Criminal Cases 290 (1989) indicate that sexual battery with serious threat of force (a section 794.011(4) offense) is a category two lesser-included offense of sexual battery with a deadly weapon (a section 794.011(3) offense). However, it is apparent from a comparison of the statutory elements of each offense that proof of the statutory elements of a section 794.011(3) sexual battery offense necessarily carries with it proof of the essential statutory elements of a section 794.011(4)(b) sexual battery as an essential link in the chain of evidence.”

   1 later decision quote this exact passage
   e.g. Hicks v. State

3. “A person who commits sexual battery ... is guilty of a felony of the first degree ... b. When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.”

   1 later decision quote this exact passage
   e.g. Hicks v. State