Means v. State’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the record as previously made — which may include the transcript of [Carroll’s] plea and/or sentencing proceedings — reveals that no such reasons exist, or that the sentencing judge did not address the Cobb considerations as they relate to [Carroll], then [Carroll’s] banishment violated his due-process rights, and the revocation of the suspension of [Carroll’s] sentence (for violating the banishment) was unlawful. If, upon review of the record, the trial court reaches this conclusion, the trial court shall vacate the revocation and reinstate the original, suspended sentence with all the conditions except the banishment.”

   1 later decision quote this exact passage · from the dissent
   e.g. Carroll v. State

2. “This Court only recently imposed an affirmative duty on the trial judge to analyze the Cobb factors on the record before banishing the defendant. See Mackey, 37 So.3d at 1166-67. So there may be, in fact, some reasons for and benefits of Means’s banishment under Cobb and McCreary, but they do not appear in the scant PCR record before us. And since no hearing was held on Means’s present PCR motion, the trial court has not had an opportunity, in this PCR proceeding, to pass on the propriety of Means’s banishment under Cobb and McCreary. That court should be given the opportunity before this Court rules on it.”

   1 later decision quote this exact passage · from the dissent
   e.g. Carroll v. State

3. “[ T]hat the banishment provision bore a reasonable relationship to the purpose of probation; that the ends of justice and the best interest of the defendant and the public would be served; that public policy was not violated and the rehabilitative purpose of probation was not defeated; and that [the petitioner’s] rights under the First, Fifth[,] and Fourteenth Amendments to the United States Constitution were not violated.”

   1 later decision quote this exact passage
   e.g. Ratcliff v. State