695 So. 2d 459 - Black v. State’s Empirical Analysis
1997
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently October 2018
12 state decisions
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 573 So. 2d 306 - State v. Smith · 579 So. 2d 734 - Armstrong v. State · State v. Lucas · 630 So. 2d 597 - Lucas 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We cannot agree that defense counsel's statement to the court, simply acknowledging that the instructions as given to the jury were as reviewed at the charge conference, constituted an express waiver of, or an affirmative request to limit, the excusable homicide definitional instruction. At best, the record reflects that defense counsel failed to object to the incomplete instruction. Before the exception recognized in Lucas can apply, defense counsel must be aware that an incorrect instruction is being read and must affirmatively agree to, or request, the incomplete instruction. These circumstances do not exist on the instant record.”
1 later decision quote this exact passage“had been previously explained. However, nowhere in the trial record of the jury instructions had the court given an earlier charge on the definition of either justifiable or excusable homicide. Although the court defined”
1 later decision quote this exact passage“the failure to give a complete initial instruction on manslaughter constitutes fundamental reversible error when the defendant is convicted of either manslaughter or a greater offense not more than one step removed.”
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.