831 So. 2d 738 - Everett 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. “Although there was evidence here that Everett knew of the victim's failing mental capacity, there simply was no evidence from which the jury could reasonably conclude that Everett exploited the victim either by obtaining, or trying to obtain, the victim's funds with the intent of temporarily or permanently depriving the victim of them. Here, there were no deposits into the defendant's bank accounts, no unexplained sudden acquisition of property in the defendant's name. In the end, Everett stated that any money which was not accounted for by a receipt, or her own recollection, was given to Frederick. The State presented no evidence inconsistent with this claim.”

   1 later decision quote this exact passage
   e.g. 876 So. 2d 1253 - McNarrin v. State

2. “[A] motion for judgment of acquittal should be granted in a circumstantial evidence case if the State fails to present evidence from which the jury can exclude every reasonable hypothesis except that of guilt.”

   1 later decision quote this exact passage
   e.g. Isenhour v. State

3. “we agree with appellant that the State failed to present competent, substantial evidence of [the crime charged] ... from which the jury could exclude every reasonable hypothesis except that of guilt.”

   1 later decision quote this exact passage
   e.g. 852 So. 2d 386 - Benitez v. State