782 So. 2d 343 - Muhammad v. State’s Empirical Analysis

Citation profile

4 federal appellate · 89 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he trial court could require the State to place in the record all evidence in its possession of a mitigating nature such as school records, military records, and medical records. Further, if the PSI and the accompanying records alert the trial court to the probability of significant mitigation, the trial court has the discretion to call persons with mitigating evidence as its own witnesses.... If the trial court prefers that counsel present mitigation rather than calling its own witnesses, the trial court possesses the discretion to appoint counsel to present the mitigation as was done in Klokoc v. State, 589 So.2d 219 (Fla.1991), or to utilize standby counsel for this limited purpose.”

   11 later decisions quote this exact passage · from the majority
   e.g. Barnes v. Sec'y, Dep't of Corr. · 3 So. 3d 1204 - Hojan v. State

2. “appointment of special counsel to present available mitigation for the benefit of the jury, the trial court and this Court in order to assist the judiciary in performing our statutory and constitutional obligations.”

   4 later decisions quote this exact passage · from the concurrence
   e.g. 180 F. Supp. 2d 797 - United States v. Davis · 841 So. 2d 455 - Grim v. State

3. “even when a capital defendant makes a voluntary and intelligent waiver of the advisory jury's recommendation, the trial judge `may in his or her discretion either require an advisory jury recommendation, or may proceed to sentence the defendant without such advisory jury recommendation.'”

   3 later decisions quote this exact passage · from the majority
   e.g. 837 So. 2d 905 - Valle v. Moore · 934 So. 2d 1128 - Reynolds v. State