811 So. 2d 714 - Morman v. State’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Within each day's episode there was practically simultaneous touching of two proscribed areas (breast and buttocks areas on Friday, and breast and genital areas on Saturday). Thus, the various lewd and lascivious acts were not sufficiently discrete for them to be deemed separate offenses within each episode. Upon remand, the court must strike two convictions as violating double jeopardy.”

   4 later decisions quote this exact passage · from the majority
   e.g. Gisi v. State · 834 So. 2d 311 - King v. State

2. “[a]s now worded, section 800.04 contemplates that if sexual activity takes place with a person under sixteen years of age which does not constitute the crime of sexual battery, the conduct is deemed to be lewd and lascivious.”

   3 later decisions quote this exact passage · from the majority
   e.g. 881 So. 2d 1166 - Hunsicker v. State · 848 So. 2d 1278 - Gisi v. State

3. “In determining what qualifies as a distinct act for purposes of deciding whether multiple acts can be charged in a single count, the spatial and temporal aspects of the multiple occurrences must be analyzed in order to determine whether the defendant had time to pause, reflect, and form a new criminal intent between the occurrences.”

   2 later decisions quote this exact passage · from the majority
   e.g. Gisi v. State · 871 So. 2d 279 - Cabanela v. State