State v. Tolbird’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, except as follows: (1) Where the production of the intoxicated or drugged condition has been involuntary, and the circumstances indicate | ythis condition is the direct cause of the commission of the crime, the offender is exempt from criminal responsibility. (2) Where the circumstances indicate that an intoxicated or drugged condition has precluded the presence of a specific criminal intent or of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime. [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. 4 So. 3d 295 - State v. Hall

2. “linThe fact that a defendant was in an intoxicated condition at the time of the commission of the crime is usually not a defense, however, where the circumstances indicate that the defendant voluntarily became intoxicated and'that his intoxicated condition precluded the presence of a specific intent required in a particular crime, this fact constitutes a defense to the prosecution for that crime.”

   1 later decision quote this exact passage
   e.g. 224 So. 3d 1061 - State v. Dowden