591 So. 2d 1193 - State v. Bennett’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A. Simple rape is a rape committed when the anal or vaginal sexual intercourse is deemed to be without the lawful consent of a victim who is not the spouse of the offender because it is committed under any one or more of the following circumstances: (1) When the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by an intoxicating, narcotic, or anesthetic agent, administered by or with the privity of the offender; or when victim has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of the victim's incapacity; or (2) When the victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act and the offender knew or should have known of the victim's incapacity; or (3) When the female victim submits under the belief that the person committing the act is her husband and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender. B. For purposes of this Section, a person shall not be considered to be a spouse if a judgment of separation from bed and board has been rendered, or if the person and the offender are not legally separated but are living separate and apart and the offender knows that a temporary restraining order, preliminary or permanent injunction, or other order or decree has been issued prohibiting or rest”

   2 later decisions quote this exact passage
   e.g. 684 So. 2d 439 - State v. Berry · 628 So. 2d 1295 - State v. Dixon

2. “"(1) That such electronic recording was voluntarily made by the victim of the physical or sexual abuse. "(2) That no relative of the victim of the physical or sexual abuse was present in the room where the recording was made. "(3) That such recording was not made of answers to interrogatories calculated to lead the child to make any particular statement. "(4) That the recording is accurate, has not been altered, and reflects what the witness or victim said. "(5) That the taking of the child's statement was supervised by a physician, a social worker, a law enforcement officer, a licensed psychologist, a licensed professional counselor, or an authorized representative of the Department of Social Services." Id.”

   1 later decision quote this exact passage
   e.g. 821 So. 2d 633 - State v. Taylor

3. “Every person of proper understanding is competent to be a witness except as otherwise provided by legislation.”

   1 later decision quote this exact passage
   e.g. 647 So. 2d 428 - State v. Allen