322 So. 2d 473 - Benyard v. Wainwright’s Empirical Analysis
1975
Citation profile
59 state decisions
How this case has been cited
Cited by 59 later decisions — most recently April 2019 · most notably 441 So. 2d 1083 - Livingston v. State (1983), 393 So. 2d 540 - Tascano v. State (1980)
59 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Linkletter v. Walker · 272 So. 2d 65 - In Re Florida Rules of Criminal Procedure · 229 So. 2d 236 - State v. Garcia · 281 So. 2d 204 - In Re Clarification of Florida Rules of Prac. & Pro. · 304 So. 2d 446 - Segal v. Wainwright
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Substantive law prescribes the duties and rights under our system of government. The responsibility to make substantive law is in the legislature within the limits of the state and federal constitutions. Procedural law concerns the means and method to apply and enforce those duties and rights. Procedural rules concerning the judicial branch are the responsibility of this Court, subject to repeal by the legislature in accordance with our constitutional provisions.”
11 later decisions quote this exact passage“(1) A defendant convicted of two or more offenses charged in the same indictment, information, or affidavit or in consolidated indictments, informations, or affidavits shall serve the sentences of imprisonment concurrently unless the court directs that two or more of the sentences be served consecutively. Sentences of imprisonment for offenses not charged in the same indictment, information, or affidavit shall be served consecutively unless the court directs that two or more of the sentences be served concurrently. (emphasis added)”
2 later decisions quote this exact passagee.g. McNamara v. State · Bruce v. State“retroactive application is not constitutionally required and ... this Court has the sole power to determine whether our decision should be prospective or retroactive in application.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.