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← 626 So. 2d 476 - State v. Porter

626 So. 2d 476 - State v. Porter’s Empirical Analysis

1993

Citation profile

13
cited by 13 later decisions
1
states following
August 2017
most recently cited

2 federal appellate · 10 state decisions

How this case has been cited

Cited by 13 later decisions — most recently August 2017

2 federal appellate · 10 state decisions

110199320002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Burks v. United States · 389 So. 2d 1328 - State v. Williamson · 505 So. 2d 44 - State v. Arvie · State v. Dean · 444 So. 2d 625 - State v. Guin

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

  1. “I fully agree with the majority's reversal of defendant's conviction on due process grounds and the remand for a new trial.... In Latiolais the erroneous jury instruction (that an intent to inflict great bodily harm was sufficient to support a jury finding of guilty of attempted second degree murder) did not prejudice the defendant or rise to the point of depriving the defendant of due process. Any reasonably minded jury could have found Latiolais guilty of attempted second degree murder considering the fact that Latiolais repeatedly jabbed the victim about the head and chest area with the point of a screwdriver. The stabbing was sufficient to have killed the victim and did cause blindness. The victim was left bleeding by the side of the road as if he were dead. In the case before us the jury very well might have found Harold Ray Porter guilty of attempted second degree murder based solely on the erroneous instruction that intent to inflict great bodily harm was sufficient. Porter's conduct was erratic and inappropriate. The bizarre action of slashing at someone in the back seat of an automobile while the actor is seated in the front seat does not on its face justify a conclusion that murder was intended. Due process requires that Porter be given a trial in which the jury is instructed that he was guilty of the attempt only if he had a specific intent to kill. If no such specific intent is found, the jury could find the defendant guilty of a battery. The reversal and remand f”
    1 later decision quote this exact passage · from the concurrence
  2. “whether the jury would have convicted had it known it had to find a specific intent to kill”
    1 later decision quote this exact passage
  3. “fundamental fairness and judicial economy”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.