938 So. 2d 451 - Ibar v. State’s Empirical Analysis

Citation profile

46 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Ibar was previously convicted of another felony involving the use or threat of violence to the person; (2) the capital felony was committed while Ibar was engaged in the commission of a robbery or burglary; (3) the capital felony was committed for the purposes of avoiding or preventing lawful arrest; (4) the capital felony was especially heinous, atrocious, or cruel; and (5) the capital felony was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification.”

   2 later decisions quote this exact passage · from the majority
   e.g. 3 So. 3d 1204 - Hojan v. State · 246 So. 3d 210 - Hall v. State

2. “The use of prior testimony is allowed where (1) the testimony was taken in the course of a judicial proceeding; (2) the party against whom the evidence is being offered was a party in the former proceeding; (3) the issues in the prior case are similar to those in the case at hand; and (4) a substantial reason is shown why the original witness is not available.”

   2 later decisions quote this exact passage · from the majority
   e.g. 995 So. 2d 532 - Thompson v. State · 3 So. 3d 1149 - Muehleman v. State

3. “In addition to the statements of [Roxa-na] Peguera, [Marlene] Yindel, [Maria] Casas, and [Jean] Klimeczko identifying Ibar, which Ibar concedes was proper as impeachment evidence but not substantive evidence, there were other witnesses and items of evidence from which the jury could conclude that Ibar was one of the perpetrators of this triple homicide. First, there was a videotape of the murders. The perpetrator identified as Ibar removed his disguise and his face was visible on the videotape. This videotape was played for the jury. Gary Foy, one of Sucharski’s neighbors, testified .that he saw two men leaving in Sucharski’s Mercedes-Benz. He stated that he did not get a good look at the driver of the car, but he got a good look at the passenger. Foy identified Ibar as the passenger in the Mercedes. Klimec-zko testified that at some point both Penalver and Ibar came to the residence on Lee Street in a big, black, shiny new car. Although [Ian] Milman denied that he had ever positively identified Ibar as the person in the still photograph made from the videotape, he did say that the person in the photograph resembled Ibar. Moreover, the trial judge admitted as substantive evidence Milman’s grand jury testimony in which he positively identified Ibar. [Melissa] Munroe’s statement placing Ibar and Penalver together during the weekend of the murder was also admitted as substantive evidence. On the issue of identification, the jury also heard evidénce from Kimberly San and David Ph”

   1 later decision quote this exact passage · from the majority
   e.g. & SC12-2619 Pablo Ibar v. State of Florida and Pablo Ibar v. Julie L. Jones, etc.