918 So. 2d 181 - Brooks v. State’s Empirical Analysis

Citation profile

1 federal appellate · 75 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[E]ven when we find multiple harmless errors, we must still consider whether 'the cumulative effect of [the] errors was such as to deny to defendant the fair and impartial trial that is the inalienable right of all litigants in this state and this nation.'”

   4 later decisions quote this exact passage · from the majority
   e.g. Penalver v. State · 970 So. 2d 312 - McDuffie v. State

2. “[H]ad Brooks been charged with aggravated child abuse, he could not have been convicted of that crime.... In light of the fact that Brooks delivered a single stabbing blow that resulted in [the child’s] death, the act constituting the aggravated child abuse merged into the infant’s homicide. [[Image here]] [T]he instant case involved the single act of stabbing which caused a single injury. In a case such as this where ... a single act caused both an aggravated battery and a homicide, aggravated battery cannot then serve as the underlying felony of the felony murder charge. It makes no difference that Brooks was not charged or convicted of aggravated child abuse because that crime, under these facts, merges with the homicide itself. In the instant matter, the action underlying the aggravated child abuse factor constituted the fatal stab wound that killed [the child]. Because there is no separate offense of aggravated child abuse, that crime cannot logically serve as the underlying felony in a felony murder charge.”

   2 later decisions quote this exact passage · from the majority
   e.g. Sturdivant v. State · Lewis v. State

3. “[ (1) ] was made at or near the time of the event; (2) was made by or from information transmitted by a person with knowledge; (3) was kept in the ordinary course of a regularly conducted business activity; and (4) that it was a regular practice of that business to make such a record.”

   2 later decisions quote this exact passage · from the majority
   e.g. MS v. Department of Children and Families · 45 So. 3d 490 - Cooper v. State