Dorsett v. McRay’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he confusion engendered by the and/or was, if anything, heightened rather than cured by the standard instruction. This is so because (a) even if the charges against each defendant were to be considered separately, as the standard jury instruction stated, the primary instruction still provided that [Defendant A] might be criminally liable solely if [Defendant B] was liable; and (b) the reference to any other defendant is totally unrelated to this case in which no other defendant was on trial.”

   2 later decisions quote this exact passage
   e.g. Harris v. State · 968 So. 2d 86 - Green v. State

2. “Now, a separate crime is charged against each—Troy Victorino and/or Jerone Hunter and/or Michael Salas in each count of the indictment. Troy Victorino and/or Jerone Hunter and/or Michael Salas have been tried together. However, the charges against each, and the evidence applicable to that person, must be considered separately. A finding of guilty or not guilty as to one must not affect your verdict as to any other of the crimes charged. As the State points out, the verdicts themselves reflect that the jury heeded this admonition. While Hunter, Victorino and Salas were each found guilty of six counts of first degree murder (felony murder and premeditated murder), of conspiracy and of armed burglary, only Victorino was found guilty of abusing the body of Erin Belanger; Hunter and Salas were acquitted. Hunter was convicted of abusing the bodies of Roberto Gonzalez, Jonathan Gleason and Anthony Vega, though Victorino and Salas were acquitted of those charges. Victorino was convicted of cruelty to an animal while Hunter and Salas were acquitted. It is clear that the jury considered each charge and the evidence against each defendant rather than convicting a defendant based solely on the conduct of a codefendant. The verdicts reflect individualized analysis by the jury of the charges against each defendant. [1]”

   1 later decision quote this exact passage
   e.g. 972 So. 2d 941 - Salas v. State

3. “charged, convicted and sentenced for acting as a `wheelman,' and, therefore, a principal in an armed robbery.”

   1 later decision quote this exact passage
   e.g. 939 So. 2d 278 - Garzon v. State