799 So. 2d 89 - Moore v. State’s Empirical Analysis
2001
Citation profile
15
cited by 15 later decisions
1
states following
June 2016
most recently cited
15 state decisions
Relationships
Relies on 531 So. 2d 632 - Moawad v. State · 533 So. 2d 444 - Griffin v. State · Gangl v. State · 642 So. 2d 1328 - Payton v. State · Johnson 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The defendant may request an instruction regarding any offense carrying a lesser punishment if the lesser offense arises out of a nucleus of operative fact common with the factual scenario giving rise to the charge laid in the indictment. ... Therefore, if the evidence warrants it, a defendant is entitled to a lesser-offense instruction the same as he would be entitled to a lesser-included-offense instruction.”
1 later decision quote this exact passage“A defendant in a criminal case can be found guilty of a lesser-included offense, so long as it is necessarily a lesser-included offense of the offense charged.”
1 later decision quote this exact passagee.g. State v. Shaw“`if the State proved the elements of felonious child abuse, it would not follow a fortiori that all the elements of child neglect were also proven.'”
1 later decision quote this exact passagee.g. State v. Shaw
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.