Public-domain · open source
OpenJurist
← 371 SO2D 532 - Small v. State

Small v. State’s Empirical Analysis

1979

Citation profile

2
cited by 2 later decisions
1
states following
May 1989
most recently cited

2 state decisions

Relationships

Relies on First Commerce Realty Investors v. Peninsular Title Ins. Co. · Smith v. State · Jones v. State · Culbertson v. State · 346 So. 2d 1218 - Cheatham 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “While it is undisputed that this rule requires a court, before sentencing, to afford a defendant the opportunity to present matters in mitigation of sentence, the court is not compelled under the rules to grant defendant a continuance prior to sentencing upon his motion therefor. The general rule is that the granting or denial of a motion for continuance is within the discretion of the trial court, and the court's action thereto will be reversed only upon a showing of a palpable abuse of discretion... . Defendant was given an opportunity to submit evidence in mitigation of sentence, and we find the trial court fully complied with the requirements of Fla.R.Crim.P. 3.720.”
    1 later decision 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.