Ballance v. State’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The determination of the amount of restitution is a non-delegable judicial responsibility, as is the determination of the defendant's ability to pay, i.e. by establishing a rate of payment.”

   2 later decisions quote this exact passage
   e.g. 606 So. 2d 1265 - White v. State · 482 So. 2d 594 - Goodling v. State

2. “in an amount to be determined by the court.”

   2 later decisions quote this exact passage
   e.g. 485 So. 2d 1296 - KMC v. State · 598 So. 2d 188 - Reynolds v. State

3. “(1) monitor the defendant’s economic circumstances during the probationary period; (2) notify the court at such time as the defendant appears to have the ability to commence restitution payments; and (3) furnish the court with a recommended payment schedule. However, before any such payment schedule is adopted by the court, the defendant must be afforded the opportunity to be heard on his ability to comply therewith. 447 So.2d at 976 .”

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