610 So. 2d 664 - Wade v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is a defense to the offense of a possession of a firearm by a convicted felon if you find the following: One, defendant must be in present imminent or peril of death or serious bodily injury or reasonably believed to be in such danger. The defendant must not have intentionally or recklessly placed himself in a situation in which it was ... probable in to choose a criminal conduct. The defendant must not have any reasonable legal alternative to possessing the handgun. Fourth, the handgun must be made available to the defendant without preconceived design and the defendant must give up possession of the handgun as soon as the necessity or apparent necessity ends. If, in your consideration of the issue of justification, you have a reasonable doubt on the question of whether or not the defendant was justified in the possession of a firearm, you should find him not guilty. However, [if] from the evidence you’re convinced that a defendant was not justified in the possession of [the] firearm, then you should find him guilty if all the elements of the charge have been proven.”

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