601 So. 2d 219 - State v. Johnson’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"We can think of no reason why the rule should be different depending on the nature of the lesser included offense. Providing the charging document and the evidence support the charge, the conviction of a permissive lesser included offense carries the same weight as a conviction of a necessarily included offense. Thus, we hold that the State has a right to insist on the giving of instructions on permissive lesser included offenses over the defendant's objection. " [e.s.]”

   1 later decision quote this exact passage
   e.g. 927 So. 2d 1049 - Festa v. State

2. “we have noted repeatedly that the Legislature effectively overruled Carawan "); see also State v. Johnson, 601 So.2d 219, 221 (Fla.1992) ("The purpose of Chapter 88-131 was to overrule our opinion in Carawan . As amended, section 775.021(4) makes it clear that a defendant may be convicted of two or more criminal offenses arising out of the same transaction as long as each criminal offense contains at least one separate element.”

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

3. “"Is the state entitled to have jury instructions given on Category 2 included lesser offenses, in addition to Category 1 necessarily included lesser offenses, in a case where the defendant requests that no such instructions be given and knowingly and intelligently waives his right to such instructions?"”

   1 later decision quote this exact passage
   e.g. 927 So. 2d 1049 - Festa v. State