700 So. 2d 5 - Vazquez v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is also not entrapment merely because a law enforcement officer in good faith attempted to detect crime provided the Defendant had the opportunity, means and facility to commit the offense which the Defendant intended to commit and would have committed otherwise. Used tricks, decoys or sub-subterfuge to expose the Defendant’s criminal acts. Was present and pretending to aid or assist in the commission of the offense. On the issue of entrapment, the defendant must prove to you by a preponderance of the evidence that his criminal conduct occurred as a result of the entrapment.”

   3 later decisions quote this exact passage
   e.g. Miller v. State · Crutchfield v. State

2. “fairly and correctly present the current state of the law”

   2 later decisions quote this exact passage
   e.g. Miller v. State · 753 So. 2d 1264 - Holiday v. State

3. “The first question to be addressed under the subjective test is whether an agent of the government induced the accused to commit the offense charged. On this issue the accused has the burden of proof and, pursuant to section 777.201, must establish this factor by a preponderance of the evidence. If the first question is answered affirmatively, then a second question arises as to whether the accused was predisposed to commit the offense charged; that is, whether the accused was awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense. On this second question, ... the defendant initially has the burden to establish lack of predisposition. However, as soon as the defendant produces evidence of no predisposition, the burden then shifts to the prosecution to rebut this evidence beyond a reasonable doubt. ****** The third question under the subjective test is whether the entrapment evaluation should be submitted to a jury.”

   1 later decision quote this exact passage
   e.g. Guerra-Villafane v. Singletary