829 So. 2d 289 - Pena v. State’s Empirical Analysis
2002
Citation profile
15
cited by 15 later decisions
1
states following
February 2015
most recently cited
1 federal appellate · 14 state decisions
Relationships
Relies on State v. Delva · Grant v. State · State v. Gray · 552 So. 2d 914 - Rojas v. State · 660 So. 2d 648 - 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.
“782.04 Murder. (1)(a) The unlawful killing of a human being: . . . . 3. Which resulted from the unlawful distribution of any substance controlled under s. 893.03(1), cocaine as described in s. 893.03(2)(a)4., or opium or any synthetic or natural salt, compound, derivative, or preparation of opium by a person 18 years of age or older, when such drug is proven to be the proximate cause of the death of the user, is murder in the first degree and constitutes a capital felony, punishable as provided in s. 775.082.”
1 later decision quote this exact passage“The offense described in section 782.04(1)(a)(3), however, is an unusual form of felony murder. The defendant does not need to intend an act of homicide. In fact, the defendant does not even need to possess knowledge of the drug overdose or to be present when it occurs. If the defendant unlawfully distributes an illegal drug and the distribution results in a death caused by the drug, then the defendant is guilty of first-degree murder under section 782.04(1)(a)(3).”
1 later decision quote this exact passage“Is it fundamental error for a trial court to omit instructions on excusable and justifiable homicide when a defendant is charged and convicted of drug-distribution, first-degree murder under section 782.04(1)(a)(3), Florida Statutes (1999), and the factual circumstances do not support any jury argument relying upon the excusable or justifiable homicide instructions?”
1 later decision quote this exact passage
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.