577 So. 2d 939 - State v. McCloud’s Empirical Analysis

1991

Citation profile

cited by 91 later decisions

states following

May 2019

most recently cited

1 federal appellate · 89 state decisions

How this case has been cited

Cited by 91 later decisions — most recently May 2019 · most notably 581 So. 2d 1305 - State v. James (1991), 780 So. 2d 17 - Gordon v. State (2001)

1 federal appellate · 89 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 Blockburger v. United States · 515 So. 2d 161 - Carawan v. State · 547 So. 2d 613 - State v. Smith · Wilkerson v. State · 368 So. 2d 52 - Daudt 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 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“[o]ffenses which are lesser offenses the statutory elements of which are subsumed by the greater offense.”
12 later decisions quote this exact passage · from the dissent
e.g. Duhart v. State · Webb v. State
“An offense is a lesser-included offense for purposes of section 775.021(4) only if the greater offense necessarily includes the lesser offense. We conclude that because there are situations, as illustrated by the above cases, where a sale can occur without possession, possession is not an essential element of sale and is therefore not a lesser-included offense.”
11 later decisions quote this exact passage · from the majority
e.g. Duhart v. State · Janos v. State
“When a double jeopardy violation is alleged based on the crimes of sale and possession (or possession with intent to sell) of the same quantum of contraband and the crimes occurred after the effective date of section 775.021, Florida Statutes (Supp. 1988), is it improper to convict and sentence for both crimes?”
10 later decisions quote this exact passage · from the majority
e.g. State v. Dukes · 581 So. 2d 1305 - State v. James

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.