828 So. 2d 445 - Miller 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. “A party's failure to object in the trial court precludes appellate review of an erroneous jury instruction unless the error is deemed fundamental.”

   3 later decisions quote this exact passage
   e.g. 958 So. 2d 1140 - Abbott v. State · 956 So. 2d 1206 - Hadnot v. State

2. “and so the remaining in language did not apply and should not have been included in the instruction. It is undisputed that if Alexandre was one of the men who entered the apartment and patio, his entry was done stealthily. There was no objection to the trial court's instruction and the error in giving that instruction is not fundamental error where there is no plausible analysis under which the jury could have concluded that Alexandre entered the victim's premises without criminal intent and only formed a criminal intent while”

   1 later decision quote this exact passage
   e.g. 834 So. 2d 344 - Alexandre v. State