970 So. 2d 806 - Frances v. State’s Empirical Analysis

Citation profile

1 federal appellate · 54 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At the penalty phase, the State presented victim impact testimony from Mills’ son and Charles’ mother and additional testimony from the medical examiner about the physical effects of asphyxiation. The defense presented the testimony of nine witnesses: a psychotherapist and mitigation specialist who met and interviewed David and a number of people who knew him during his childhood; family members, friends, and former teachers and coaches; David’s corrections officer; and Dr. Eric Mings, the psychologist who evaluated David’s mental health status. All of the family members and friends testified that David was a quiet, respectful child and young man, but Elvis was aggressive and violent. They also testified that David tried to keep Elvis out of fights and trouble. Prison inmate Tameka Jones testified about the murder of Monique Washington in Tallahassee in September 2000. Jones, who had been a roommate of the brothers in Tallahassee, went with Elvis to Washington’s apartment, ostensibly to help Washington move her belongings. Instead, Elvis strangled Washington with his hands and an electric cord in order to steal her car. Jones also stated that David helped Elvis dispose of Washington’s body after the fact. Dr. Mings testified that David has average intelligence and had developed a pathologically dependent relationship with Elvis at an early age.”

   1 later decision quote this exact passage · from the majority
   e.g. David Sylvester Frances v. State of Florida

2. “HAC focuses on the means and manner in which the death is inflicted and the immediate circumstances surrounding the death, rather than the intent and motivation of a defendant, where a victim experiences the torturous anxiety and fear of impending death. Thus, if a victim is killed in a torturous manner, a defendant need not have the intent or desire to inflict torture, because the very torturous manner of the victim’s death is evidence of a defendant’s indifference.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 136 So. 3d 1125 - Leonard Patrick Gonzalez, Jr. v. State of Florida

3. “A trial court's rulings as to ... excluded evidence should be reviewed under the abuse of discretion standard.”

   1 later decision quote this exact passage · from the majority
   e.g. John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc.