The School Board of Broward County, Florida v. Gregory Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that “the victim’s subjective state of mind is not irrelevant to determining whether the amount of force threatened or displayed was sufficient to make fear reasonable”
• finding that a potentially burden-shifting comment by the prosecution did not infect the proceedings where the trial court properly instructed the jury
• noting that a victim's subjective state of mind can be relevant to the question of whether a defendant's behavior would inspire fear in a reasonable person for the purposes of 18 U.S.C. § 111
• noting that a victim’s subjective state of mind can be relevant to the question of whether a defendant’s behavior would inspire fear in a reasonable person for the purposes of 18 U.S.C. § 111
• “The proper standard for determining whether the requisite degree of force was displayed ... is an objective one, ie., whether the defendant’s behavior would reasonably have inspired fear in a reasonable person.”
• describing the reasonable apprehension requirement as an “objective standard”

Source: CourtListener parenthetical corpus (CC0).