Laines v. State’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Because the defendant did not raise this objection at any time in the trial court, we conclude that the defendant has waived the point as to his adjudication of guilt, but not as to his sentence....”

   2 later decisions quote this exact passage
   e.g. 702 So. 2d 510 - Grene v. State · 680 So. 2d 1079 - Mingo v. State

2. “the defendant killed a single victim with a series of rapid-fire violent acts in a single transaction, all of which contributed to the victim's death.”

   2 later decisions quote this exact passage
   e.g. 718 So. 2d 327 - Campbell-Eley v. State · 934 So. 2d 1167 - State v. Paul

3. “Stated differently, a sentence for aggravated battery in this case is not authorized by Section 775.021(4)(a), Florida Statutes (1993), and is, accordingly, barred by double jeopardy because there was no evidence adduced at trial that the defendant "in the course of one criminal transaction or episode, commit[ted] an act or acts which constitute ... [the] separate criminal offense[]" of aggravated battery. Sec. 775.021(4)(a), Fla. Stat. (1993). Indeed, if the defendant had only been charged with second-degree murder, a jury instruction on aggravated battery as a category 2 permissive lesser offense under Fla. R.Crim. P. 3.510(b) could not have been given by the trial court because the trial judge is expressly forbidden from instructing the jury "on any [permissive] lesser included offense as to which there is no evidence." Fla. R.Crim. P. 3.510(b); see State v. Wimberly, 498 So.2d 929 (Fla. 1986). It is settled that in a murder prosecution, the trial court may not instruct the jury on non-homicide lesser offenses like aggravated battery—where, as here, it is undisputed that the defendant killed the deceased—because there is no rational basis in the evidence to support a conviction for such an offense. Martin v. State, 342 So.2d 501 (Fla.1977). Plainly, a homicidal assault on a victim by a defendant resulting in the victim's death, as here, constitutes a murder—and cannot possibly amount to a non-homicide offense instead of or in addition to the murder as there is no evidence ”

   1 later decision quote this exact passage
   e.g. 718 So. 2d 327 - Campbell-Eley v. State