Peede v. State’s Empirical Analysis

Citation profile

35 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the duty of the trial court to determine what weight should be given to conflicting testimony.” Mason v. State, 597 So.2d 776, 779 (Fla.1992). “The reports of experts are ‘merely advisory to the [trial court], which itself retains the responsibility of the decision.’ ” Hunter v. State, 660 So.2d 244, 247 (Fla.1995) (quoting Muhammad v. State, 494 So.2d 969, 973 (Fla.1986)). Thus, when the experts’ reports or testimony conflict regarding competency to proceed, it is the trial court’s responsibility to consider all the relevant evidence and resolve such factual disputes. See, e.g., Hardy [v. State ], 716 So.2d [761,] at 764 [ (Fla.1998) ] (citing Hunter, 660 So.2d at 247 ). “Where there is sufficient evidence to support the conclusion of the lower court, [this Court] may not substitute [its] judgment for that of the trial judge.” Mason, 597 So.2d at 779 . A trial court’s decision regarding competency will stand absent a showing of abuse of discretion. See, e.g., Hardy, 716 So.2d at 764; Carter v. State, 576 So.2d 1291, 1292 (Fla.1989). Thus, the issue to be addressed by this Court is whether the circuit court abused its discretion in finding [the defendant] competent to proceed [at trial]. In addressing that issue, we are mindful that a trial court’s decision does not constitute an abuse of discretion “unless no reasonable person would take the view adopted by the trial court.” Scott v. State, 717 So.2d 908, 911 (Fla.1998).”

   2 later decisions quote this exact passage · from the majority
   e.g. 71 So. 3d 848 - McCray v. State · 161 So. 3d 335 - John Steven Huggins v. State of Florida

2. “The test for whether a defendant is competent to stand trial is “whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him.””

   2 later decisions quote this exact passage · from the majority
   e.g. Whitfield v. State · In Re Commitment of Reilly

3. “As to mitigating circumstances, the Court finds the following: 1. That the three First Degree Murders for which the Defendant is to be sentenced were not committed while the Defendant was under the influence of extreme mental or emotional disturbances, nor were they mitigated by the use of alcohol as suggest ed. To the contrary, the Court finds the Defendant [a] arranged the visit to his father’s house on the eve of the murders, the first time in months that he had been to his father's house; [b] that he left the house by an outside door from a locked room; [c] walked the short distance in the early morning hours to the victim’s home; and [d] there cut the telephone lines to the outside of the house. The Defendant upon entering the victim’s home, systematically killed all the occupants of the house using a weapon that assured the least possibility of drawing the attention of witnesses. He then proceeded in a knowledgeable way to pour gasoline about the house and out into the yard. Testimony at the trial revealed that he understood the use of fire to destroy evidence. Before setting the fire, however, he secured the keys to Bonnie Knowles car for the purpose of his getaway. The Defendant’s actions and all other evi-dentiary circumstances considered show a direct conscious plan to kill and avoid apprehension. These actions do not indicate a person functioning under the influence of extreme mental or emotional disturbances. In regard to the influence of alcohol, other than the e”

   1 later decision quote this exact passage · from the majority
   e.g. 90 So. 3d 794 - Pittman v. State