Public-domain · open source
OpenJurist
← 496 So. 2d 857 - Rowe v. State

496 So. 2d 857 - Rowe v. State’s Empirical Analysis

1986

Citation profile

23
cited by 23 later decisions
1
states following
December 1999
most recently cited

23 state decisions

Relationships

Relies on 471 So. 2d 38 - The Florida Bar in Re Inglis · 487 So. 2d 1045 - State v. Whitfield · 461 So. 2d 1361 - Davis v. State · 453 So. 2d 478 - Bell v. State · 461 So. 2d 1360 - Doby 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Moreover, there is a perceptible difference between a circumstance where the decision to depart originates with the trial court, and where, as here, the departure flows from the defendant's acceptance of the consensually arrived at sentence. Just as there exists the theoretical possibility that Rowe could have been penalized only to the extent of a five-year sentence, there is an equally significant likelihood that he could have received a forty year term. He gambled the certainty of the former against the chance of the latter; he has not demonstrated that he lost that gamble.”
    1 later decision quote this exact passage
  2. “[A] contemporaneous objection is not essential to an appeal from a trial court's failure to embody the reasons for departure in writing, but that issue ... must be raised on [plenary] appeal and not through a [motion for postconviction relief].”
    1 later decision quote this exact passage

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.