748 So. 2d 814 - McClendon v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a state of violent and uncontrollable rage engendered by a blow or certain other provocation given, which will reduce a homicide from the grade of murder to that of manslaughter. Passion or anger suddenly aroused at the time by some immediate and reasonable provocation, by words or acts of one at the time. The term includes an emotional state of mind characterized by anger, rage, hatred, furious resentment or terror.”

   3 later decisions quote this exact passage · from the dissent
   e.g. Anderson v. State · 29 So. 3d 53 - Williams v. State

2. “[T]he instruction in Hornburger failed to inform the jury that in order to convict, it must first find that he was `present at the time, consenting to, and encouraging the commission of the crime.' It merely stated that if the defendant did `any act which is an element of the crime of burglary of a building, or leading to its commission, then and in that event, you should find the defendant guilty as charged.'”

   1 later decision quote this exact passage
   e.g. Florence v. State

3. “an argument of such minimal importance does not fall under the definition of heat of passion. There was no evidence that [the victim] struck, threatened, or provoked [the defendant] in any way so as to produce the type of immediate and reasonably anticipated anger required to rise to the level of heat of passion.”

   1 later decision quote this exact passage · from the dissent
   e.g. 784 So. 2d 972 - Tyler v. State