675 So. 2d 989 - Fredericks v. State’s Empirical Analysis
1996
Citation profile
16
cited by 16 later decisions
1
states following
June 2008
most recently cited
16 state decisions
Relationships
Relies on 434 So. 2d 325 - State v. Sykes · 436 So. 2d 30 - Achin v. State · 512 So. 2d 183 - State v. Crumley · 489 So. 2d 112 - Crumley v. State · Reid v. State
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[c]onviction of a non-existent crime is fundamental error mandating reversal even when the error was invited by the defendant, as was the case here, by request for a jury instruction on a non-existent offense”
4 later decisions quote this exact passage · from the majority“The use of alcohol to the extent that it merely arouses passion, diminishes perception, releases inhibitions, or clouds reason and judgment does not excuse the commission of a criminal act. However, where a certain mental state is an essential element of a crime, if a person were so intoxicated that he was incapable of forming that mental state, the mental state would not exist and therefore the crime could not be committed. As I have told you, the intent to commit aggravated assault on a law enforcement officer is an essential element of the crime of aggravated assault on a law enforcement officer, attempted aggravated assault on a law enforcement officer and assault. Therefore, if you find from the evidence that the defendant was so intoxicated from the voluntary use of alcohol as to be incapable of forming an intent to commit aggravated assault on a law enforcement officer, or you have a reasonable doubt about it, you should find* the defendant not guilty of the crime of aggravated assault on a law enforcement officer. The charge of driving under the influence does not necessarily act as an absolute defense to crimes requiring specific defense [sic].”
1 later decision quote this exact passage · from the majoritye.g. Brulfer v. State“Section 784.07, Florida Statutes (1993) reclassifies certain enumerated offenses and enhances the penalties for those offenses when the victim is a law enforcement officer. By its terms, the statute does not reclassify or enhance the penalty for the offense of attempted commission of the enumerated offenses. As explained by this court in Crumley v. State, 489 So.2d 112, 114 (Fla. 1st DCA 1986) ... “by enacting the enhancement statute, section 784.07, the legislature merely provided for a felony punishment when the victim [of one of the enumerated offenses] ... is a law enforcement officer.” Thus, because the statute does not include the offense of attempted aggravated assault among the enumerated offenses to be enhanced when the victim is a law enforcement officer, the offense of attempted aggravated assault of a law enforcement officer is a non-existent offense.”
1 later decision quote this exact passage · from the majoritye.g. Merritt v. State
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.