446 So. 2d 194 - Whitehead v. State’s Empirical Analysis

1984

Citation profile

cited by 34 later decisions

states following

April 2012

most recently cited

34 state decisions

How this case has been cited

Cited by 34 later decisions — most recently April 2012 · most notably 491 So. 2d 1120 - Murray v. State (1986), 623 So. 2d 551 - Gibbs v. State (1993)

34 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 438 So. 2d 1 - Palmer v. State · Ivory v. State · 341 So. 2d 1078 - Sosa v. State · 351 So. 2d 957 - Earnest v. State · 416 So. 2d 1203 - Streeter 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“because of its inherent potential of causing or requiring `a defendant to be incarcerated ... for a greater length of time than provided by law in the absence of ... [a] sentencing error' constitutes fundamental error.”
2 later decisions quote this exact passage
e.g. Porter v. State · 719 So. 2d 963 - Powell v. State
“By this holding, we do not prohibit the imposition of multiple concurrent [emphasis in original] three-year minimum mandatory sentences upon conviction of separate offenses included under subsection 775.087(2), nor do we prohibit consecutive mandatory minimum sentences for offenses arising from separate incidents occurring at separate times and places. (emphasis added)”
1 later decision quote this exact passage
e.g. Wilson v. State
“Clearly ... appellate courts may not reject appeals which raise ... fundamental sentencing errors even though no issue concerning the error was first addressed by the trial court. ... . It is indisputable that an error in sentencing that causes a defendant to be incarcerated or restrained for a greater length of time than the law permits is fundamental.”
1 later decision quote this exact passage
e.g. 467 So. 2d 430 - Wickett v. State

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.