968 So. 2d 823 - State v. Powell’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I agree with you [defense counsel], that specific intent is part of criminal conspiracy; however, I think the jury instructions I submitted to both you and Mrs. Jump indicate that — they had 19both criminal intent and specific intent — which I think is required by law to have both of them in the jury instructions. And my definition of specific intent is — specific intent is that state of mind which' exists when the circumstances indicate a defendant actively desired the prescribed criminal consequences to follow his act or failure to act. And on page four of the instructions, it says that it is un — when I give a definition. “The defendant in this case is charged with conspiracy to distribute schedule II controlled substance, to wit: methamphetamine.” It says it is unlawful for any person to knowingly and intentionally to conspire, so I would think, in my opinion, that that definition of specific intent is within that definition of knowingly and intentionally to conspire. Therefore, I’m not going to add additional definition of specific intent is — an additional jury instruction to say specific intent is an element of criminal conspiracy because I think it is already in there. So, I’m — deny your ... request. ...”

   1 later decision quote this exact passage
   e.g. State v. Casaday

2. “The offenses of distribution of cocaine and conspiracy to distribute cocaine do not contain identical elements. An individual is guilty of distribution of cocaine when he transfers possession or control of the cocaine to his intended recipient. The state must show (1) delivery or physical transfer; (2) guilty knowledge of the controlled dangerous substance at the time of transfer; and (3) the exact identity of the controlled dangerous substance. Conspiracy to distribute cocaine does not require these elements. To find one guilty of conspiracy to distribute cocaine, the state must show that there existed an agreement or combination of two or more persons for the specific purpose of transferring possession or control of the cocaine to an intended recipient. * * * In the instant case, the same evidence was not necessary for a conviction of both crimes because the crime of distribution of cocaine was completed after the conspiracy to distribute cocaine. (Internal citations omitted.)”

   1 later decision quote this exact passage
   e.g. 26 So. 3d 929 - State v. Cox

3. “A. Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that agreement or combination to commit crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement combination. [[Image here]] C. Whoever is a party to a criminal conspiracy to commit any other crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; but such fine or imprisonment shall not exceed one-half of the largest fine, or one-half the longest term of imprisonment prescribed for such offense, or both.”

   1 later decision quote this exact passage
   e.g. State v. Casaday