594 So. 2d 254 - Dailey v. State’s Empirical Analysis

Citation profile

16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A comment is impermissible if it is `fairly susceptible' of being viewed by the jury as referring to a defendant's failure to testify.”

   3 later decisions quote this exact passage · from the majority
   e.g. Kirkland v. State · 644 So. 2d 589 - Burgess v. State

2. “Geralds argues that this evidence establishes, at best, an unplanned killing in the course of a planned burglary, and that a planned burglary does not necessarily include a plan to kill. Geralds offers a number of reasonable hypotheses which are inconsistent with a finding of heightened premeditation. Geralds argues, first, that he allegedly gained information about the family's schedule to avoid contact with anyone during the burglary; second, the fact that the victim was bound first rather than immediately killed shows that the homicide was not planned; third, there was evidence of a struggle prior to the killing; and fourth, the knife was a weapon of opportunity from the kitchen rather than one brought to the scene. Thus, although one hypothesis could support premeditated murder, another cohesive reasonable hypothesis is that Geralds tied the victim's wrists in order to interrogate her regarding the location of money which was hidden in the house. However, after she refused to reveal the location, Geralds became enraged and killed her in sudden anger. Alternatively, the victim could have struggled to escape and been killed during the struggle. In light of the fact that the evidence regarding premeditation in this case is susceptible to these divergent interpretations, we find the State has failed to meet its burden of establishing beyond a reasonable doubt that this homicide was committed in a cold, calculated, and premeditated manner.”

   2 later decisions quote this exact passage · from the majority
   e.g. James Milton Dailey v. State of Florida · 704 So. 2d 107 - Gordon v. State

3. “Now there are only three people who know exactly what happened ... Shelly Boggio and she is dead; Jack Pearcy and he is not available to testify; and the Defendant.”

   1 later decision quote this exact passage · from the majority
   e.g. 634 So. 2d 280 - Sgroi v. State