484 So. 2d 621 - Mora v. State’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. In the course of the Burglary, the Defendant repeatedly assaulted or battered the victim Brenda Wiley. 2. The assaults or batteries included kissing and touching the victim in a sexual manner, undressing her and making sexual advances. This Defendant violated not only the privacy of the victim's home but her sexual privacy as well. 3. The Defendant's multiple batteries followed active attempts of the victim to hide from or to escape from her assailant. The Defendant terrorized the victim over an extended period of both time and space causing psychological trauma not considered directly by guideline scoring. 4. The Defendant's actions took place while small children were present in the home and, in fact as to one child, in the same bed. During the course of the assault several children were awaken [sic] and were made aware of the distress of the victim. Testimony at trial clearly demonstrated that these vulnerable children were placed in extreme fear. These events added dramatically to the psychological trauma experienced by the victim Brenda Wiley throughout the course of the burglary. 5. In view of these unusual factors the recommended guideline sentence of three years is woefully inappropriate for the nature and severity of the particular crime.”

   1 later decision quote this exact passage
   e.g. 515 So. 2d 291 - Mora v. State

2. “steadily mounting number of judicial interpretations of what the sentencing guidelines mean,”

   1 later decision quote this exact passage
   e.g. 484 So. 2d 71 - Williams v. State