581 So. 2d 40 - Valle v. State’s Empirical Analysis
1991
Citation profile
2 federal appellate · 25 state decisions
How this case has been cited
Cited by 29 later decisions — most recently May 2017 · most notably 648 So. 2d 85 - Jackson v. State (1994), 680 So. 2d 413 - Bonifay v. State (1996)
2 federal appellate · 25 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 Booth v. Maryland · Skipper v. South Carolina · Cablevision Co. v. Motion Picture Ass'n of America, Inc. · Tamotsu Tanaka v. Creditors' Committee 1 · South Carolina v. Gathers
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“After the jury had been selected but before it had been sworn, one of Valle’s attorneys claimed “an impropriety in the record” as to the state’s use of peremptory challenges against certain jurors. The defense attorney noted that six blacks and two Hispanics were peremptorily excused by the state. The judge then observed that if there was a problem with any particular juror he wanted “the state to be able to respond in whichever manner they wish.” One of the prosecutors then asked the judge if he was making a finding that the state had somehow improperly excused jurors. The judge responded, “I’ve been asked to make no findings and I am making no findings but for record-keeping purposes she has some objection to the state’s action and, of course, I’m giving the state an opportunity to respond in time.” The state then voluntarily gave its reasons for peremptorily excusing the eight jurors. After the prosecutor finished giving his reasons for exercising the peremptory challenges, the defense attorney stated, “I object on the basis of [Valle’s] Sixth, Eighth and 14th amendment rights, to the combination of the challenges for cause, either peremptory challenges leading to a jury that is in favor of the death penalty.””
2 later decisions quote this exact passage · from the majority“[t]he state may properly argue that the defense has failed to establish a mitigating factor and may also argue that the jury should not be swayed by sympathy”
2 later decisions quote this exact passage · from the majority“On April 2, 1978, Officer Louis Pena of the Coral Gables Police Department was on patrol when he stopped [Valle] and a companion for a traffic violation. The events that followed were witnessed by Officer Gary Spell, also of the Coral Gables Police Department. Officer Spell testified that when he arrived at the scene, [Valle] was sitting in the patrol car with Officer Pena. Shortly thereafter, Spell heard Pena use his radio to run a license check on the car [Valle] was driving. According to Spell, [Valle] then walked back to his car and reached into it, approached Officer Pena and fired a single shot at him, which resulted in his death. [Valle] also fired two shots at Spell and then fled. He was picked up two days later in Deerfield Beach. Following his jury trial, [Valle was found guilty of the first-degree murder of Pena. He] was also found guilty of the attempted first-degree murder of Spell and after a non-jury trial, he was found guilty of possession of a firearm by a convicted felon.”
1 later decision quote this exact passage · from the majority
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.