Holubek v. State’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]here a defendant enters an open, unbargained-for plea to the court for multiple counts, such plea does not amount to a waiver of the right to appeal where there is no express waiver of the right to -5- appeal a possible double jeopardy violation.”

   2 later decisions quote this exact passage
   e.g. SHANNON WRIGHT v. STATE OF FLORIDA · 268 So. 3d 849 - TRAVIS MONTEZ EDWARDS v. STATE OF FLORIDA

2. “Section 934.215 provides, in pertinent part, that “[a]ny person who uses a two-way communications. device, including, but not limited to, a portable two-way wireless communications device, to facilitate or further the commission of any felony offense commits a felony of the third1 degree.” The offenses of soliciting and traveling both require the use of “a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission” as an element of those offenses, and both offenses are felonies. § 847.0185(3)0?), (4)(b). Thus the proof of the unlawful use of a two-way communications device was .subsumed -within the proof of the soliciting and traveling offenses in this case. .”

   1 later decision quote this exact passage
   e.g. Batchelor v. State

3. “(a) the plea is a general plea as -3- distinguished from a plea bargain; (b) the double jeopardy violation is apparent from the record; and (c) there is nothing in the record to indicate a waiver of the double jeopardy violation.”

   1 later decision quote this exact passage
   e.g. SHANNON WRIGHT v. STATE OF FLORIDA