800 So. 2d 182 - Evans v. State’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [T]he killing must have been the product of cool and calm reflection and not an act prompted by emotional frenzy, panic, or a fit of rage (cold); and (2) the defendant must have had a careful plan or prearranged design to commit murder before the fatal incident (calculated); and (3) the defendant must have exhibited heightened premeditation (premeditated); and (4) there must have been no pretense of moral or legal justification.”

   6 later decisions quote this exact passage · from the majority
   e.g. Walker v. State · 71 So. 3d 802 - Baker v. State

2. “[a] defendant can be emotionally and mentally disturbed or suffer from a mental illness but still have the ability to experience cool and calm reflection, make a careful plan or prearranged design to commit murder, and exhibit heightened premeditation.”

   4 later decisions quote this exact passage · from the majority
   e.g. Philmore v. State · 862 So. 2d 687 - Owen v. State

3. “Even when the experts' reports conflict, it is the function of the trial court to resolve such factual disputes, and the trial court's determination should be upheld absent an abuse of discretion.”

   3 later decisions quote this exact passage · from the majority
   e.g. WSOS-FM, INC. v. Hadden · TWELFTH AVE. INVESTMENTS, INC. v. Smith