779 So. 2d 1125 - Fears v. State’s Empirical Analysis
2000
Citation profile
17
cited by 17 later decisions
1
states following
April 2018
most recently cited
17 state decisions
Relationships
Relies on 697 So. 2d 777 - Coleman v. State · 671 So. 2d 581 - Walker v. State · Gray v. State · 557 So. 2d 542 - Griffin v. State · 584 So. 2d 743 - Ladner 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A deliberate design as used elsewhere in these instructions cannot be formed at the very moment of the fatal act, however, the deliberate design need not exist in the mind of the defendant for any definite time, not for hours, days, or even minutes, but if there is deliberate design, and it exists in the mind of the defendant but for an instant before the fatal act, this is sufficient deliberate design to constitute the offense of Murder.”
2 later decisions quote this exact passage“whether the comment of the prosecutor can reasonably be construed as a comment upon the failure of [the accused] to take the stand.”
2 later decisions quote this exact passage“Q: And when he returned home, did he enter the house? A: Yes Q: Did he say anything to you? A: Yes, he did. Q: Do you recall what it was that he said? [Mr. Pittman]: Your Honor, objection to hearsay. The Court: I'm going to technically sustain. Q: Did he say, Good morning, Grandma? A: He said some things to me, but it wasn't [Mr. Pittman]: Your Honor, objection A: and I'm not allowed to say that. [Mr. Pittman]: to anything he said as hearsay. [The Court]: All right. A: I'm not allowed to say, so I can't say it. [Mr. Lawrence]: I don't understand the basis of the objection, Your Honor. Perhaps I need to return to law school, but if the Court may take the opportunity to educate me as to how a statement made from the defendant directly to her is hearsay. I'm not asking if he said anything regarding what anyone had stated. [Mr. Pittman]: Because the defendant is here to testify about what he said.”
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.