Blair v. State’s Empirical Analysis

Citation profile

6 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. “Although a trial court has discretion in setting reasonable pretrial release conditions, a trial court’s authority to order pretrial detention is circumscribed by the state constitution and relevant statutes. Paul makes clear that these requirements apply even where a defendant has violated pretrial release conditions, such as through a failure to appear. 783 So.2d at 1051 . Paul effectively overruled the majority’s analysis in Bradshaw , which permitted a court to order pretrial detention following a finding of a willful failure to appear without also finding that the constitutional and statutory criteria for pretrial detention were met. The court in Ricks v. State, 961 So.2d 1093, 1093-94 (Fla. 5th DCA 2007), appears to have relied on pre-Paul cases to reach the same conclusion as Bradshaw , that a court may order pretrial detention based solely on a finding of a willful failure to appear “without determining whether conditions of release are appropriate.” Id. (citing Wilson v. State, 669 So.2d 312, 313 (Fla. 5th DCA 1996)). We certify conflict with this aspect of Ricks .”

   2 later decisions quote this exact passage
   e.g. 77 So. 3d 1242 - Boatman v. State · 39 So. 3d 1190 - State v. Blair

2. “[T]he trial court improperly ordered pretrial detention without finding that “no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process.” Art. I, § 14 Fla. Const. A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R.Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008).”

   1 later decision quote this exact passage
   e.g. 39 So. 3d 1190 - State v. Blair