795 So. 2d 122 - Weems 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. “was a qualifying offense. It was undisputed that the dwelling was occupied at the time of Weems' burglary. The jury, however, merely found Weems guilty as charged of burglary of a dwelling. The burglary statute itself made a distinction between occupied and unoccupied dwellings, but the verdict form did not ask the jury to make a specific finding of occupancy. Based on these facts, Weems concluded:”

   1 later decision quote this exact passage
   e.g. 884 So. 2d 1014 - Jenkins v. State

2. “`Although a trial judge may make certain findings on matters not associated with the criminal episode when rendering a sentence, it is the jury's function to be the finder of fact with regard to matters concerning the criminal episode.'”

   1 later decision quote this exact passage
   e.g. 884 So. 2d 1014 - Jenkins v. State

3. “Therefore, because the jury did not find that the dwelling was occupied, the appellant's conviction does not fall into the enumerated offenses in the PRR [Act].”

   1 later decision quote this exact passage
   e.g. 884 So. 2d 1014 - Jenkins v. State