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← 975 So. 2d 1275 - Farmer v. State

975 So. 2d 1275 - Farmer v. State’s Empirical Analysis

2008

Citation profile

10
cited by 10 later decisions
1
states following
July 2015
most recently cited

10 state decisions

Relationships

Relies on State v. Delva · 124 So. 2d 481 - Brown v. State · 831 So. 2d 1263 - Giles v. State · 521 So. 2d 106 - Smith v. State · 883 So. 2d 876 - Dunnaway v. State

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

  1. “(General Rule) An issue in this casé is whether the defendant acted in selfdefense. It is a defense to the offense for which (defendant) is charged if the [death of] ... (victim) resulted from the justifiable use of deadly force. “Deadly force” means force likely to cause death or great bodily harm. A person is justified in using deadly force if [he][she] reasonably believes that such force is necessary to prevent imminent death or great bodily harm to [himself] [herself] or another.... If the defendant [was not engaged in unlawful activity and] was attacked in any place where [he][she] had a right to be, [he][she] had no duty to retreat and had the right to stand [his][her] ground and meet force with force, including deadly force, if [he][she] reasonably believed that it was necessary to do so to prevent death or great bodily harm to [himself] [herself] [another].... In deciding whether the defendant was justified in the use of deadly force, you must judge [him][her] by the circumstances in which [he][she] was surrounded at the time the force was used. The danger facing the defendant need not have been actual; however, to justify the use of deadly force, the appearance of danger must have been so real that a reasonably cautious and prudent person under the same circumstances would have believed that the danger could have been avoided only through the use of that force. Based upon appearance, the defendant must have actually believed that the danger was real. In considering t”
    1 later decision quote this exact passage
  2. “[w]here the challenged jury instruction involves an affirmative defense, as opposed to an element of the crime, fundamental error only occurs where a jury instruction is `so flawed as to deprive defendants claiming the defense . . . of a fair trial.'”
    1 later decision quote this exact passage
  3. “With this difficult jury instruction and the failure of either lawyer to mention the erroneous portion of it, we do not find that the instruction deprived Farmer of his defense.”
    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.