564 So. 2d 1246 - Stephney v. State’s Empirical Analysis
1990
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently September 2016
23 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 Committee for Public Education & Religious Liberty v. Nyquist · United States v. Stockwell · United States v. Carter · 501 So. 2d 158 - Johnson v. State · Mitchell 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.
“Absent a demonstration by the defendant of judicial vindictiveness or punitive action, a defendant may not complain simply because he received a heavier sentence after trial. A disparity between the sentence received and the earlier offer will not alone support a finding of vindictiveness.... Having rejected the offer of a lesser sentence, [the defendant] assumes the risk of receiving a harsher sentence. Were it otherwise, plea bargaining would be futile.”
2 later decisions quote this exact passage · from the majority“a review of the trial judge's comments on their face support a presumption of judicial vindictiveness,”
2 later decisions quote this exact passage · from the majority“THE COURT: I guess he should have taken it [the original plea offer]. No. It's not available now. MR. KUPER [defense counsel]: Well, at this time he would be willing to ask Your Honor if you would consider some type of community control with a drug program outside THE COURT: No. MR. KUPER:due to the fact that he may have a drug problem. THE COURT: No. He had the same drug problem the day of arraignment. MR. KUPER: In lieu of the fact that he would have been out by now, anyway THE COURT: Even more so. The next time he will know to take it when I offer it at arraignment. . . . . THE COURT: ... I only wish that the guys that sit next to the ones at arraignment, that give them all the legal advice, would be here at times like this.”
1 later decision quote this exact passage · from the majority
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.