987 So. 2d 748 - Stoute v. State’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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An issue in this case is whether the defendant acted in self-defense. It is a defense to the offense with which Shkel-quim [sic] Fana is charged if the injury to Lorenc Bujari resulted from the justifiable use of force likely to cause death or great bodily harm. The use of force likely to cause death or great bodily harm 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, one, another’s attempt to murder him or, two, any attempt to commit aggravated battery upon him. A person is justified in using force likely to cause death or great bodily harm if he reasonably believes that such force is necessary to prevent, one, imminent death or great bodily harm to himself or another or the imminent commission of aggravated battery upon himself or another. However, the use of force likely to cause death or great bodily harm is not justified if you find, one, Shkelquim [sic] Fana was attempting to commit, committing, or escaping after the commission of attempted first-degree murder or two, Shkelquim [sic] Fana initially provoked the use of force against himself unless, one, 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 force likely to cause death or great bodily harm to Lorenc Bujari and then in good faith th”

   1 later decision quote this exact passage
   e.g. Fana v. Secretary, DOC