871 So. 2d 1282 - Fairley v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Jury instructions are to be read together and taken as a whole with no one instruction taken out of context. A defendant is entitled to have jury instructions given which present his theory of the case; however, this entitlement is limited in that the court may refuse an instruction which incorrectly states the law, is covered fairly elsewhere in the instructions, or is without foundation in the evidence.”

   1 later decision quote this exact passage
   e.g. 946 So. 2d 355 - Chandler v. State

2. “such gross negligence . . . as to evince a wanton or reckless disregard for the safety of human life, or such an indifference to the consequences of an act under the surrounding circumstances as to render such conduct tantamount to willfulness.”

   1 later decision quote this exact passage
   e.g. 946 So. 2d 355 - Chandler v. State

3. “manslaughter by culpable negligence is a lesser included offense of the crime of murder”

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