505 So. 2d 413 - Barbera v. State’s Empirical Analysis
1987
Citation profile
61 state decisions
How this case has been cited
Cited by 63 later decisions — most recently October 2014 · most notably 561 So. 2d 554 - Pope v. State (1990), Herrin v. State (1990)
61 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 478 So. 2d 1054 - State v. Jackson · 489 So. 2d 25 - Scurry v. State · 475 So. 2d 1362 - Vance v. State · 485 So. 2d 42 - Thompson v. State · 483 So. 2d 839 - Johnson 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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We do not ... agree with the district court that intoxication or substance abuse cannot be a clear and convincing reason for a downward departure. The defense of intoxication could be used by a jury to justify convicting a defendant of a lesser offense. If a trial court expresses valid reasons for doing so, we see no impediment to using intoxication to mitigate a recommended sentence.”
3 later decisions quote this exact passage“so that the trial judge can write out his specific reasons for departure.”
1 later decision quote this exact passage“a function committed exclusively to the judiciary.”
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.