311 So. 2d 787 - Collins v. Wainwright’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. “"Appellant was convicted and sentenced in November 1971, at which time there was no rule requiring a presentence investigation. Rule 3.710, RCrP, became effective February 1, 1973 ( 272 So.2d 65 ). Appellant suggests that we should apply the rule as it exists at the time of the appeal, citing as analogous authority our decision in Gallagher v. State, Fla.App. 1974, 300 So.2d 299 . See also Joins v. State, Fla.App. 1974, 287 So.2d 742 . We accept appellant's suggestion. Accordingly, while the sentencing procedure adopted by the trial judge was appropriate at the time, its appropriateness has been changed by a change in the law between the conviction and sentence and the appearance of the cause before this court. The rule applicable to this cause now requires that on this record a presentence investigation must be considered prior to imposition of sentence, since that record does not demonstrate that appellant had ever been convicted of a prior felony." Id. at 788-789 .”

   1 later decision quote this exact passage
   e.g. 321 So. 2d 464 - McShay v. State