King v. State’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Fundamental error occurs when a trial court fails to instruct a jury on an essential element of the crime charged. If the trial court issues an incomplete or inaccurate jury instruction, fundamental error may occur if the error relates to an element of the crime. However, in order for the error in the instruction to be fundamental, it must pertain to an element of the crime that is a disputed issue in the case.”

   3 later decisions quote this exact passage
   e.g. Battle v. State · Hernandez v. State

2. “commit[ted] (or aids and abets) an intentional act that is not an essential element of the [underlying] felony.”

   3 later decisions quote this exact passage
   e.g. Battle v. State · 814 So. 2d 1103 - Thompson v. State

3. “[T]he fact remains that the offense of felony murder requires that the jury find not only that King had attempted the robbery, but also that King had committed an intentional act apart from one which was an essential element of the attempted robbery which could have, but did not cause the victim to die. While it was an accepted fact that the robbery had been attempted and one issue for the jury was whether King knew about the robbery and participated in it, the jury still had to find that King committed (or aided and abetted) an intentional act apart therefrom which could have caused the victim's death. They were not so instructed.”

   1 later decision quote this exact passage
   e.g. 814 So. 2d 1103 - Thompson v. State