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← 545 SO2D 521 - Dowling v. State

Dowling v. State’s Empirical Analysis

1989

Citation profile

9
cited by 9 later decisions
1
states following
July 1998
most recently cited

9 state decisions

Relationships

Relies on 491 So. 2d 276 - Bender v. First Fidelity Savings & Loan Ass'n of Winter Park · 515 So. 2d 227 - Phillips v. Dugger · 478 So. 2d 52 - Florida Bar in re Wood · 520 So. 2d 562 - State v. Bolyea · 538 So. 2d 473 - Moses 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Accordingly, the standard of review in an appeal of an order denying a Rule 3.800(a) motion is whether the trial court abused its discretion in denying the relief requested. Since an alternative remedy to correct an illegal sentence is available under Rule 3.850, the denial of a Rule 3.800(a) motion will rarely be overturned. In addition, trial judges may be justifiably reluctant to grant relief pursuant to Rule 3.800(a) when the same relief could have been sought in previous proceedings, as in this case, where appellant had filed two prior Rule 3.850 motions which were denied. * * * * * * Furthermore, the possibility that Rule 3.800(a) will be misused by defendants seeking to circumvent the procedural safeguards of Rule 3.850 would be, in and of itself, a sufficient ground to deny relief in all but a few cases where the movant is not in custody and therefore has no alternative 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.