699 So. 2d 1332 - Franqui v. State’s Empirical Analysis

Citation profile

1 federal appellate · 37 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A trial court must analyze a subjective issue—whether a proffered explanation for a challenge is a pretext, which means that it conceals an intent to discriminate based on race. As the supreme court recognized, identifying the true nature of an attorney's motive behind a peremptory strike turns primarily on an assessment of the attorney's credibility. In our legal system, credibility is a matter solely within the purview of a finder of fact. For this reason, a trial judge's ruling on the `genuineness' of a peremptory challenge `will be affirmed on appeal unless clearly erroneous.'" [c.o.]”

   3 later decisions quote this exact passage · from the majority
   e.g. Foster v. State · Young v. State

2. “Wait a minute, Judge, are they striking Aurelio Diaz? State would challenge that strike.”

   3 later decisions quote this exact passage · from the majority
   e.g. Whitby v. State · 833 So. 2d 877 - Murray v. Haley

3. “The defendant, Leonardo Franqui, along with codefendants Pablo San Martin, Ricardo Gonzalez, Fernando Fernandez, and Pablo Abreu were charged with first-degree murder of a law enforcement officer, armed robbery with a firearm, aggravated assault, unlawful possession of a firearm while engaged in a criminal offense, grand theft third degree, and burglary [Note 1]. Franqui, Gonzalez, and San Martin were tried together before a jury in May, 1994. [Note 1] One count of aggravated assault and the unlawful possession of a firearm while engaged in a criminal offense were nol prossed by the State after its opening statement. The record reflects that the Kislak National Bank in North Miami, Florida, was robbed by four gunmen on January 3, 1992. The perpetrators made their getaway in two stolen grey Chevrolet Caprice cars after taking a cash box from one of the drive-in tellers. During the robbery, Police Officer Steven Bauer was shot and killed. Shortly after the robbery, the vehicles were found abandoned two blocks west of the bank. Approximately two weeks later, codefendant Gonzalez was stopped by police after leaving his residence on January 18, 1992. He subsequently made unrecorded and recorded confessions in which he told police that Franqui had planned the robbery, involved the other participants and himself in the scheme, and chosen the location and date for the crime. He said that Franqui had procured the two stolen Chevys, driven one of the cars, and supplied him with the gun”

   2 later decisions quote this exact passage · from the majority
   e.g. 804 So. 2d 1185 - Franqui v. State · 700 So. 2d 1217 - Gonzalez v. State