462 So. 2d 548 - Burch v. State’s Empirical Analysis

1985

Citation profile

cited by 40 later decisions

states following

December 2006

most recently cited

40 state decisions

How this case has been cited

Cited by 40 later decisions — most recently December 2006 · most notably 475 So. 2d 1218 - Hendrix v. State (1985), 565 So. 2d 1288 - Livingston v. State (1988)

40 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 Swain v. State · 458 So. 2d 13 - Carney v. State · 455 So. 2d 449 - Hendrix v. State · 458 So. 2d 10 - Mitchell v. State · 455 So. 2d 551 - Young 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“[w]e find a lack of logic in considering a factor to be an aggravation allowing departure from the guidelines when the same factor is included in the guidelines for purposes of furthering the goal of uniformity.”
5 later decisions quote this exact passage
e.g. Brown v. State · 944 So. 2d 516 - Damiano v. State
“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.”
3 later decisions quote this exact passage
e.g. 472 So. 2d 779 - Scurry v. State · 466 So. 2d 1086 - Wade v. State
“ambiguous and lacking in clarity for failure to relate to any identified fact in the context of this case.”
2 later decisions quote this exact passage
e.g. 498 So. 2d 899 - Vanover v. State · 520 So. 2d 43 - Banks 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.