Dempsey v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Before you can find the defendants guilty of Attempted First Degree Murder with a Firearm the State must prove the following four elements beyond a reasonable doubt: 1. James Womack and/or Courtney Dempsey did some act intended to cause the death of Leif Broberg that went beyond just thinking or talking about it. 2. James Womack and/or Courtney Dempsey acted with premeditated design to kill Leif Broberg. 3. The act would have resulted in the death of Leif Broberg except that someone prevented James Womack and/or Courtney Dempsey from killing Leif Broberg or they failed to do so. 4. In the course of committing the Attempted First Degree Murder, James Womack and/or Courtney Dempsey carried a firearm.”

   1 later decision quote this exact passage
   e.g. 942 So. 2d 955 - Womack v. State

2. “instruction the jury is informed that if defendant A has committed all the elements of the crime, B is guilty without having committed any elements. Or the jury could find both defendant guilty where it found only A committed some elements of the crime and only B committed other elements. 939 So.2d at 1167 . In other words, the”

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

3. “DOES THE USE OF AN "AND/OR" JURY INSTRUCTION, OVER OBJECTION, IN A CASE INVOLVING CO-DEFENDANTS, CONSTITUTE ERROR REQUIRING A NEW TRIAL, WHERE A PRINCIPALS INSTRUCTION IS GIVEN?”

   1 later decision quote this exact passage
   e.g. 942 So. 2d 955 - Womack v. State