500 So. 2d 716 - Previlon v. State’s Empirical Analysis
1987
Citation profile
12 state decisions
Relationships
Relies on Blockburger v. United States · 476 So. 2d 158 - Albritton v. State · 419 So. 2d 1194 - Thomas v. Ratiner · 488 So. 2d 523 - State v. Mischler · 486 So. 2d 592 - Funchess v. Wainwright
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The first reason given for departure was the physiological and emotional trau ma to the victim. It is not permissible to consider physical injury to the victim where victim injury has already been taken into account in determining the guidelines range. See State v. Mischler, 488 So.2d 523 (Fla.1986). Since emotional and psychological trauma suffered by the victim of an aggravated assault is not a valid reason for departure, State v. Cote, 487 So.2d 1039 (Fla.1986), we hold that trauma is not a valid reason where the offense is aggravated battery.”
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.