777 So. 2d 385 - Thorp v. State’s Empirical Analysis

Citation profile

1 federal appellate · 20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “must excise the erroneous material and determine whether the remaining allegations in the affidavit support probable cause. If the remaining statements are sufficient to establish probable cause, the false statement will not invalidate the resulting search warrant. See Terry v. State, 668 So.2d 954 (Fla.1996). If, however, the false statement is necessary to establish probable cause, the search warrant must be voided, and the evidence seized as a result of the search must be excluded. See id. (citing Franks, 438 U.S. at 156 , 98 S.Ct. 2674 ); see also Thorp v. State, 777 So.2d 385 (Fla.2000).”

   2 later decisions quote this exact passage · from the majority
   e.g. Harder v. Edwards · 155 So. 3d 1210 - Ungray Lamar Murray v. State

2. “A special standard of review of the sufficiency of the evidence applies where a conviction is wholly based on circumstantial evidence. Jaramillo v. State, 417 So.2d 257 (Fla.1982). Where the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence. McArthur v. State, 351 So.2d 972 (Fla.1977); Mayo v. State, 71 So.2d 899 (Fla.1954). The question of whether the evidence fails to exclude all reasonable hypotheses of innocence is for the jury to determine, and where there is substantial, competent evidence to support the jury verdict, we will not reverse. Heiney v. State, 447 So.2d 210 (Fla.), cert. denied, 469 U.S. 920 , 105 S.Ct. 303 , 83 L.Ed.2d 237 (1984); Rose v. State, 425 So.2d 521 (Fla.1982), cert. denied, 461 U.S. 909 , 103 S.Ct. 1883 , 76 L.Ed.2d 812 (1983), disapproved on other grounds, Williams v. State, 488 So.2d 62 (Fla.1986).”

   1 later decision quote this exact passage · from the majority
   e.g. 175 So. 3d 741 - Derral Wayne Hodgkins v. State of Florida

3. “By permitting Bullock to interpret the meaning of Thorp’s words, the trial court committed harmful error because it effectively turned Thorp’s obvious admission of involvement in a crime into a confession of murder. As the record reflects, however, Thorp never confessed to murdering Sharon Case. Rather, during the penalty phase of the trial, he admitted only to having sexual intercourse -with the victim, an act which is equally consistent with his admission to Bullock. Therefore, Bullock’s opinion testimony that Thorp’s statement that he “did a hooker” meant that he killed her, was undoubtedly prejudicial and we cannot say beyond a reasonable doubt that it did not affect the jury’s verdict in this case. Under DiGuilio, the admission of Bullock’s opinion testimony constitutes harmful error.”

   1 later decision quote this exact passage · from the majority
   e.g. Jones v. State