981 So. 2d 449 - Martinez v. State’s Empirical Analysis

Citation profile

1 federal appellate · 89 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 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he use of nondeadly force is not justifiable if you find the defendant was attempting to commit, committing, or escaping after the commission of a burglary.”

   4 later decisions quote this exact passage · from the majority
   e.g. STEVEN CHRISTOPHER PHILLIPS v. STATE OF FLORIDA · Michel v. State

2. “An issue in this case is whether the defendant acted in self-defense. It is a defense to the offense with which he is charged if the injury to Jason Warren and/or Moriah Mace resulted from a justifiable use of deadly force. Deadly force means a force likely to cause death or great bodily harm. The use of deadly force is justifiable only if the defendant reasonably believes that the force is necessary to prevent imminent death or great bodily harm to himself while resisting: Another’s attempt to murder him; or, any attempt to commit aggravated battery upon him. [[Image here]] A person is justified in using deadly force if he ... reasonably .believes that such force is necessary to prevent: Imminent death or great bodily harm to himself- or another; or, the imminent commission of aggravated battery against himself or another. However, the use of deadly force is not justifiable if you find that John Crimins was attempting to commit, committing, or escaping after the commission of attempted first degree murder; or, John Crimins initially provoked the use of force against himself, unless the force asserted towards the defendant was so great that he reasonably believed that he was in imminent danger of death or great bodily harm and had exhausted every reasonable means to escape the danger, other than using deadly force on Jason Warren and Mori-ah Mace; and, in good faith, the defendant withdrew from physical contact with Jason Warren and Moriah Mace and clearly indicated to them t”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Crimins v. State · 997 So. 2d 1198 - DE LA HOZ v. State

3. “should be applied only in rare cases where a jurisdictional error appears or where the interests of justice present a compelling demand for its application.”

   2 later decisions quote this exact passage · from the majority
   e.g. Andujar-Ruiz v. State · 988 So. 2d 1185 - Fields v. State