Henderson v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Relying on our definition of ‘culpable negligence’ in Cannon v. State, 91 Fla. 214 , 107 So. 360 , appellant contends that the evidence showed only excessive speed. He then asserts that under Miller v. State, Fla.1954, 75 So. 2d 312 , excessive speed alone is insufficient to sustain a conviction of manslaughter for a homicide resulting from the operation of an automobile. It is ’"iie that in Miller v. State, supra, we held that a speed of 40 to 45 miles per hour under the circumstances there evident was not sufficient, standing alone, to sustain the manslaughter conviction. However, we there pointed out that one rate of speed may well be reckless and sufficient to constitute culpable negligence under some circumstances while the same rate under other circumstances would not fall in that category. Koger v. Hollahan, 144 Fla. 779 , 198 So. 685 , 131 A.L.R. 886 . Likewise, in Preston v. State, Fla.1952, 56 So.2d 543 , we held that excessive speed alone is not necessarily culpable negligence sufficient to sustain a charge of manslaughter. In the same case wc pointed out that the proof of excessive speed coupled with other circumstances could be sufficient to show a reckless disregard for the safety of others sufficient to sustain a conviction.””

   2 later decisions quote this exact passage
   e.g. McDougal v. State · Fowlkes v. State

2. “high speed accompanied by knowledge of the dangerous curve plus an obvious failure to exercise the slightest care for the safety of the passengers”

   1 later decision quote this exact passage
   e.g. 688 So. 2d 338 - Davison v. State