Cabrera v. State’s Empirical Analysis
2005
Citation profile
22
cited by 22 later decisions
1
states following
February 2010
most recently cited
22 state decisions
Relationships
Relies on State v. Delva · 684 So. 2d 736 - Chicone v. State · Davis v. State · 857 So. 2d 299 - Concepcion v. State · 774 So. 2d 841 - Williams 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Before you can find defendants guilty of Robbery, the State must prove the following four elements beyond a reasonable doubt: 1. Douglas Lloyd and/or Gregory Dorsett took the money and property described in the charge from the person or custody of Barry Gerber, Eamon Toner, Allen Fried, Richard Koch, and Maurice Barbakow. 2. Force, violence, assault, or putting in fear was used in the course of the taking. 3. The property taken was of some value. 4. The taking was with the intent to permanently or temporarily deprive Barry Gerber, Eamon Toner, Allen Fried, Richard Koch and Maurice Barbakow of his right to the property or any benefit from it or appropriate the property of Barry Gerber, Eamon Toner, Allen Fried, Richard Koch, and Maurice Barbakow to his own or the use of any person not entitled to it. Before you can find the defendants guilty of False Imprisonment, the State must prove two elements beyond a reasonable doubt: 1. Douglas Lloyd and/or Gregory Dorsett forcibly and/or by threat confined and/or restrained Barry Gerber, Eamon Toner, Allen Fried, Richard Koch, and Maurice Barbakow against his will. 2. Douglas Lloyd and/or Gregory Dorsett had no lawful authority.”
3 later decisions quote this exact passagee.g. Dorsett v. McRay · Rios v. State“The improper use of the conjunction `and/or' in the written and oral instructions was fundamental error because the jury could have convicted Cabrera based solely upon a conclusion that defendant Rios' conduct satisfied an element of the offenses.”
1 later decision quote this exact passage“use of the conjunction `and/or' erroneously permitted the conviction of each defendant for conspiracy to traffic in heroin on a finding that either of them conspired with coconspirators in trafficking heroin, twenty-eight grams or more.”
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.