Herrin v. State’s Empirical Analysis
1990
Citation profile
49
cited by 49 later decisions
2
states following
April 2005
most recently cited
49 state decisions
Relationships
Relies on 561 So. 2d 554 - Pope v. State · Harris v. State · 505 So. 2d 413 - Barbera v. State · State v. Forbes · 523 So. 2d 178 - Shoemaker v. Shoemaker
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Except in cases such as Barbera where the alcohol substantially impaired the defendant's mind when the crime was committed, we hold that substance abuse, standing alone, cannot justify a departure. There must also be a finding based upon competent substantial evidence that if the defendant's sentence is reduced in order to permit treatment for the dependency, there is a reasonable possibility that such treatment will be successful. Expert testimony on the subject would be helpful but is not mandatory where there is other evidence to support the conclusion."”
2 later decisions quote this exact passagee.g. State v. Gordon · State v. Fields“We believe the evidence in Herrin’s case meets this criteria. Herrin had a dependency upon drugs, but the fact that he abstained from drugs for a substantial period of time following treatment at the rehabilitation center indicates a reasonable possibility of rehabilitation. The fact that he was seeking-further treatment by the time of his sentencing corroborates this conclusion.”
1 later decision quote this exact passagee.g. State v. Nelson
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.