458 So. 2d 13 - Carney v. State’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT RELIED UPON A REASON OR REASONS THAT ARE IMPERMISSIBLE UNDER FLA.R.CR.P. 3.701 IN MAKING ITS DECISION TO DEPART FROM THE SENTENCING GUIDELINES, SHOULD THE APPELLATE COURT EXAMINE THE OTHER REASONS GIVEN BY THE SENTENCING COURT TO DETERMINE IF THOSE REASONS JUSTIFY DEPARTURE FROM THE GUIDELINES OR SHOULD THE CASE BE REMANDED FOR A RESENTENCING.”

   7 later decisions quote this exact passage
   e.g. 462 So. 2d 548 - Burch v. State · 468 So. 2d 276 - Von Carter v. State

2. “where the reviewing court finds that the trial court's decision to depart from the guidelines ... would not have been affected by elimination of the impermissible reasons or factors stated.”

   1 later decision quote this exact passage
   e.g. 462 So. 2d 548 - Burch v. State

3. “Reasons for deviating from the guidelines shall not include factors relating to the instant offenses for which convictions have not been obtained.”

   1 later decision quote this exact passage
   e.g. 479 So. 2d 845 - Sabb v. State