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← 58 SO3D 715 - Cummings v. State

Cummings v. State’s Empirical Analysis

2011

Citation profile

6
cited by 6 later decisions
2
states following
November 2022
most recently cited

6 state decisions

Relationships

Relies on Apprendi v. New Jersey · 895 So. 2d 836 - Bush v. State · 681 So. 2d 521 - Hoops v. State · United States v. Garza · 925 So. 2d 797 - Flora 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(a) “Criminal activities” shall mean any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant. (b) “Pecuniary damages” shall mean all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant’s criminal activities and shall include, but not be limited to, the money equivalent of property taken, destroyed, broken[,] or otherwise harmed, and losses such as medical expenses. (c) “Restitution” shall mean full, partial,] or nominal payment of pecuniary damages. (d) “Victim” shall mean any person whom the court determines has suffered pecuniary damages as a result of the defendant’s criminal activities. “Victim” shall not include any coparticipant in the defendant’s criminal activities, or any person knowingly participating in a criminal act at the time he became a victim.”
    1 later decision quote this exact passage
  2. “When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim; provided; however, that the justice court shall not order restitution in an amount exceeding Five Thousand Dollars ($5,000.00).”
    1 later decision quote this exact passage
  3. “This Court reviews the terms of a sentence under an abuse-of-discretion standard.”
    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.