596 So. 2d 997 - Durocher v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Durocher told the detective that he wanted to rob someone and steal a car so that he would have money and transportation for a trip to Louisiana. When he walked by the store where the victim worked, he decided to rob it. He then walked back to his mother's house, packed his clothes, picked up a shotgun he had previously purchased, and walked back to the store. At the store the clerk told Durocher that the business operated solely on credit and that there was no money on the premises. Durocher stood there for a few minutes and then shot the clerk and took thirty to forty dollars and his car keys from him. He told the detective: "I was going to rob the man but after thinking about it I decided it would probably be better to go ahead and kill him then that way the police could not pin it to me." Durocher then wiped his fingerprints off things he had touched, locked the store's front and back doors, and drove away in the victim's car. This sequence of events demonstrates the calculation and planning necessary to the heightened premeditation required to find the cold, calculated, and premeditated aggravator. Rogers v. State, 511 So.2d 526 (Fla.1987), cert. denied, 484 U.S. 1020 , 108 S.Ct. 733 , 98 L.Ed.2d 681 (1988).”

   1 later decision quote this exact passage · from the majority
   e.g. Brown v. State

2. “expressed his desire to deal with the police only through counsel, is not subject to further interrogation by the authorities until counsel has been made available to him unless the accused himself initiates further communication, exchanges, or conversations with the police”

   1 later decision quote this exact passage · from the majority
   e.g. 690 So. 2d 581 - Sapp v. State

3. “` Edwards does not foreclose finding a waiver of Fifth Amendment protection... provided the accused has initiated the conversation or discussions with the authorities.' Minnick v. Mississippi, ___ U.S. ___, ___, 111 S.Ct. 486, 492 , 112 L.Ed.2d 489 (1990).”

   1 later decision quote this exact passage · from the majority
   e.g. 599 So. 2d 170 - Craig v. State