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← 343 SO2D 1247 - Florida Bar

Florida Bar’s Empirical Analysis

1977

Citation profile

29
cited by 29 later decisions
2
states following
March 2019
most recently cited

3 federal appellate · 26 state decisions

How this case has been cited

Cited by 29 later decisions — most recently March 2019 · most notably Witt v. State (1980), 393 So. 2d 540 - Tascano v. State (1980)

3 federal appellate · 26 state decisions

12019771980199020002010decided

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 North Carolina v. Alford · Dusky v. United States · Jackson v. Indiana · 283 So. 2d 1 - State v. Dixon · 316 So. 2d 267 - Williams v. State

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

  1. “The presiding judge shall charge the jury only upon the law of the case at the conclusion of argument of counsel and upon request of either the State or the defendant the judge shall include in said charge the maximum and minimum sentences which may be imposed (including probation) for the offense for which the accused is then on trial.”
    3 later decisions quote this exact passage · from the majority
  2. “(a) Offenses Less Than Capital. All persons in custody for the commission of an offense unless it is a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great shall be entitled as of right to be admitted to bail before conviction. After conviction bail may be granted by either the trial or appellate court. (b) First Appearance * * * sfc * * (4) Hearing at First Appearance. (i) The purpose of bail is to insure the defendant’s appearance. For the purpose of this rule, bail is defined as any of the following forms of release: (1) Personal recognizance of the defendant; (2) Execution of an unsecured appearance bond in an amount specified by the judge; (3) Placing the defendant in the custody of a designated person or organization agreeing to supervise him; (4) Placing restrictions on the travel, association, or place of abode of the defendant during the period of release; (5) Requiring the execution of a bail bond with sufficient solvent sureties, or the deposit of cash in lieu thereof; or (6) Imposing any other condition deemed reasonably necessary to assure appearance as required, including a condition requiring that the defendant return to custody after specified hours. (ii) The judge shall at the defendant’s first appearance consider all available relevant factors to determine what form of release is necessary to assure the defendant’s appearance. If a monetary bail is required, then the judge shall determine”
    2 later decisions quote this exact passage · from the majority
  3. “(c) Except where a defendant is not present for a plea ... the trial judge should, when determining voluntariness, place the defendant under oath and shall address the defendant personally and shall determine that he understands the following: (i) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law; and (ii) If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceedings against him and, if necessary, one will be appointed to represent him; and (iii) That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to compel attendance of witnesses on his behalf, the right to confront and cross-examine witnesses against him, and the right not to be compelled to incriminate himself. (iv) That if he pleads guilty, or nolo contendere without express reservation of the right to appeal, he gives up his right to appeal all matters relating to the judgment, including the issue of guilt or innocence, but he does not impair his right to review by appropriate collateral attack. (v) That if he pleads guilty or is adjudged guilty after a plea of nolo contendere there will not be further trial of any kind, so that by pleading guilty or nolo contendere he waiv”
    2 later decisions quote this exact passage · from the majority

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.