942 So. 2d 812 - Spears v. State’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Brian Spears and James Johnson, . . . on or about September 11, 2003, . . . individually or while aiding and abetting and/or acting in concert with each other, did then and there, unlawfully, willfully, feloniously and burglariously attempt to break and enter the dwelling house of Joyce Market. . . . " * * * Reading the indictment contextually compels the conclusion that Spears was charged with burglary, not with an attempt to commit burglary. While the indictment does contain the phrase "attempt to break and enter,”

   1 later decision quote this exact passage · from the dissent
   e.g. 942 So. 2d 772 - Spears v. State

2. “Brian Spears and James Johnson, . . . on or about September 11, 2003, . . . individually or while aiding and abetting and/or acting in concert with each other, did then and there, unlawfully, willfully, feloniously and burglariously attempt to break and enter the dwelling house of Joyce Market. . . .”

   1 later decision quote this exact passage · from the dissent
   e.g. 942 So. 2d 772 - Spears v. State

3. “[t]he failure to commit the target crime is an essential element of an attempt.”

   1 later decision quote this exact passage
   e.g. 942 So. 2d 772 - Spears v. State