528 So. 2d 910 - Gordon v. State’s Empirical Analysis

1988

Citation profile

cited by 86 later decisions

states following

January 1992

most recently cited

86 state decisions

Relationships

Relies on Blockburger v. United States · Prince v. United States · 515 So. 2d 161 - Carawan v. State · 430 So. 2d 448 - Smith v. State · 476 So. 2d 1262 - Linehan 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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“IN APPLYING CARA WAN V. STATE, 515 S0.2D 161 (FLA.1987), TO THE FACTS OF THIS CASE, DO CONVICTIONS AND SENTENCES FOR THE CRIMES OF SALE OF ONE ROCK OF COCAINE AND POSSESSION WITH INTENT TO SELL THAT SAME ROCK OF COCAINE VIOLATE THE DOUBLE JEOPARDY PROTECTION PROVIDED BY THE STATE AND FEDERAL CONSTITUTIONS?”
2 later decisions quote this exact passage · from the dissent
e.g. 551 So. 2d 1209 - State v. Parker · 547 So. 2d 613 - State v. Smith
“to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.”
2 later decisions quote this exact passage · from the majority
e.g. Willingham v. State · Wheeler v. State
“We begin our discussion with the possession element of these two crimes. A defendant cannot be convicted of either crime unless he is deemed, at law, to have had some sort of possession of the contraband. As to the crime of sale, a defendant need not be the actual possessor of the contraband although such actual possession will naturally result in criminal sanctions as in the instant case. The possessory element can be shared by others legally responsible for the crime. For example, a person acting as a go-between or broker may arrange for or be the moving force in the sale of contraband, yet never have either actual nor constructive possession of the contraband. In such a case, the act of the seller who has actual possession of the contraband becomes the act of the broker. The broker is deemed to have the same possession as the seller and can be convicted as a principal of the crime of sale under Chapter 777, Florida Statutes.”
1 later decision quote this exact passage · from the majority
e.g. St. Clair 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.