489 So. 2d 1222 - Elkins v. State’s Empirical Analysis
1986
Citation profile
6
cited by 6 later decisions
1
states following
July 1990
most recently cited
6 state decisions
Relationships
Relies on Gardner v. Florida · Daniel v. Security Pacific National Bank · 475 So. 2d 1218 - Hendrix v. State · 478 So. 2d 1054 - State v. Jackson · United States v. Gonzalez
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.
“I am also concerned about the practicality and fairness of requiring the trial judge to produce "contemporaneous" written reasons for a departure sentence at the sentencing hearing. That obviously means the sentencing judge must prepare the written reasons for departing in advance of the hearing where evidence relating to the sentence will be given. Those reasons for departure prepared before the hearing clearly would be vulnerable to the attack that they were not based on evidence presented, and therefore violated the defendant's due process rights.”
1 later decision quote this exact passage · from the concurrencee.g. Ree 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.