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← 959 So. 2d 218 - Brown v. State

959 So. 2d 218 - Brown v. State’s Empirical Analysis

2007

Citation profile

31
cited by 31 later decisions
7
states following
October 2020
most recently cited

31 state decisions

How this case has been cited

Cited by 31 later decisions — most recently October 2020 · most notably Price v. State (2008), Givens v. State (2016)

31 state decisions

220200720102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 444 So. 2d 407 - Marty v. State · Mahaun v. State · 403 So. 2d 954 - Redondo v. State · Goodwin v. State · 440 So. 2d 514 - Hinson v. Palm Beach County

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

  1. “those in which an acquittal on one count negates a necessary element for conviction on another count.”
    5 later decisions quote this exact passage
  2. “[T]he `true' inconsistent verdict exception, comes into play when verdicts against one defendant on legally interlocking charges are truly inconsistent.... [T]rue inconsistent verdicts are `those in which an acquittal on one count negates a necessary element for conviction on another count....' For example, this Court has required consistent verdicts when `the underlying felony was a part of the crime charged—without the underlying felony the charge could not stand.'”
    2 later decisions quote this exact passage
  3. “As the Third District observed, it is certainly possible that, despite the jury finding Brown guilty of petit theft in the separate offense, Brown’s jury based its verdict regarding felony murder on a finding of attempted robbery. This reasoning rests upon the fact that attempted robbery was included in the felony murder instruction as an alternative to armed robbery as the underlying felony but was not listed on the verdict form as a lesser included offense in the separate armed robbery count. Therefore, Brown’s jury was not given the opportunity to choose attempted robbery as a lesser included offense in count II. On the other hand, since the jury found Brown guilty of a lesser included misdemeanor of the separately charged underlying felony, it is also possible that the two verdicts are irreconcilable. If so, then Brown was wrongfully convicted of felony murder.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.