488 So. 2d 523 - State v. Mischler’s Empirical Analysis

1986

Citation profile

229

cited by 229 later decisions

cited 1 times by the Supreme Court

states following

April 2019

most recently cited

2 federal appellate · 224 state decisions

How this case has been cited

Cited by 229 later decisions (1 by the Supreme Court) — most recently April 2019 · most notably Miller v. Florida (1987), 732 So. 2d 1065 - Banks v. State (1999)

2 federal appellate · 224 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 476 So. 2d 158 - Albritton v. State · 475 So. 2d 1218 - Hendrix v. State · Pope v. State · In re Rules of Criminal Procedure · 429 So. 2d 797 - Slomowitz v. Walker

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

“[a] court cannot use an inherent component of the crime in question to justify departure.”
10 later decisions quote this exact passage
e.g. Capers v. State · 529 So. 2d 269 - Merckle v. State
“"... `clear and convincing reasons' require that the facts supporting the reasons be credible and proven beyond a reasonable doubt. The reasons themselves must be of such weight as to produce in the mind of the judge a firm belief or conviction, without hesitancy, that the departure is warranted." Mischler at 525 .”
8 later decisions quote this exact passage
e.g. 498 So. 2d 899 - Vanover v. State · 664 So. 2d 1118 - Taccariello v. State
“Does the theft by a bookkeeper of a major portion of her employer's assets constitute a clear and convincing reason to depart from the guidelines and aggravate a sentence?”
6 later decisions quote this exact passage
e.g. 500 So. 2d 134 - Keys v. State · 537 So. 2d 995 - Felts 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.