Reynolds v. Cochran’s Empirical Analysis

Citation profile

28 federal appellate · 6 district · 36 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 125 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"775.09 Punishment for second conviction of felony. — A person who, after having been convicted within this state of a felony or an attempt to commit a felony, or under the laws of any other state, government or country, of a crime which, if committed within this state would be a felony, commits any felony within this state is punishable upon conviction of such second offense as follows: If the subsequent felony is such that upon a first conviction the offender would be punishable by imprisonment for any term less than his natural life then such person must be sentenced to imprisonment for a term no less than the longest term nor more than twice the longest term prescribed upon a first conviction. If the subsequent felony is such that upon a first conviction the offender would be punishable by imprisonment for life or for a term of years, in the alternative, then such person must be sentenced to imprisonment for life or for any number of years not less than twenty years. * * * * * * "775.11 Procedure in prosecutions for second and subsequent offenses. — If at any time after sentence or conviction it shall appear that a person convicted of a felony has previously been convicted of crimes as set forth either in § 775.09 or § 775.10 the prosecuting attorney of the county in which such conviction was had, shall file an information accusing said person of such previous convictions, whereupon the court in which such conviction was had shall cause said person, whether confined in pr”

   1 later decision quote this exact passage · from the majority
   e.g. 138 So. 2d 500 - Reynolds v. Cochran

2. “"The proof of prior convictions in a second-offender proceeding may raise difficult evidentiary problems. See e.g., Shargaa v. State, Fla., 102 So.2d 809 . Moreover, it can be presumed that if an accused second offender were able to make a successful collateral attack upon his first conviction, § 775.09 would not be applied. Cf. Fields v. State, Fla., 85 So.2d 609 ."”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Dixon

3. “"* * * [ W ] e cannot know that counsel could not have found defects in the 193 [4] (former) conviction that would have precluded its admission in a multiple-offender proceeding. " (Emphasis supplied).”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Dixon