903 So. 2d 341 - Moore 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. “that the jury is fully and correctly instructed as to the applicable law.”

   3 later decisions quote this exact passage · from the majority
   e.g. 939 So. 2d 273 - Allen v. State · 939 So. 2d 278 - Garzon v. State

2. “We conclude, however, that the jury in this case was not fully and correctly instructed as to the elements of the offense charged. By allowing a conviction upon a mere finding that Moore carried a pellet gun, the instructions were deficient in that they failed to require the jury to determine whether the pellet gun was an "other deadly weapon" within the meaning of the statutory definition of "concealed weapon," and effectively permitted a conviction for the nonexistent offense of carrying a concealed pellet gun. See Evans v. State, 703 So.2d 1201 (Fla. 1st DCA 1997); see also Nystrom v. State, 777 So.2d 1013 (Fla. 2d DCA 2000). Although the trial court did provide the jury a definition of "deadly weapon," the definition given, which contemplates the use or threatened use of the object, is logically inapplicable to a situation involving the possession of a concealed weapon. Instead, the jury should have been instructed that a deadly weapon is "one likely to produce death or great bodily injury." See State v. Walthour, 876 So.2d 594 (Fla. 5th DCA 2004); cf. Dale v. State, 703 So.2d 1045 (Fla.1997). However, even assuming the correct definition of "deadly weapon" had been given, the instructions were nonetheless erroneous in that the jury was never instructed that it must determine whether the pellet gun satisfied that definition. See McNeally v. State, 884 So.2d 494 (Fla. 5th DCA 2004). ... No contemporaneous objection was raised here, but it is fundamental error if an inaccur”

   1 later decision quote this exact passage · from the majority
   e.g. Caldwell v. State

3. “had been given, the instructions were nonetheless erroneous in that the jury was never instructed that it must determine whether the pellet gun satisfied that definition. See McNeally v. State, 884 So.2d 494 (Fla. 5th DCA 2004). ... No contemporaneous objection was raised here, but it is fundamental error if an inaccurately defined element is disputed and”

   1 later decision quote this exact passage · from the majority
   e.g. Caldwell v. State