596 So. 2d 481 - Hodges v. State’s Empirical Analysis

Citation profile

13 state decisions

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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “DOES THE HOLDING IN EUTSEY V. STATE, 383 SO.2D 219 (FLA.1980), THAT THE STATE HAS NO BURDEN OF PROOF AS TO WHETHER THE CONVICTIONS NECESSARY FOR HABITUAL FELONY OFFENDER SENTENCING HAVE BEEN PARDONED OR SET ASIDE, IN THAT THEY ARE “AFFIRMATIVE DEFENSES AVAILABLE TO [A DEFENDANT],” EUTSEY AT 226, RELIEVE THE TRIAL COURT OF ITS STATUTORY OBLIGATION TO MAKE FINDINGS REGARDING THOSE FACTORS, IF THE DEFENDANT DOES NOT AFFIRMATIVELY RAISE, AS A DEFENSE, THAT THE QUALIFYING CONVICTIONS PRO VIDED BY THE STATE HAVE BEEN PARDONED OR SET ASIDE?”

   2 later decisions quote this exact passage · from the majority
   e.g. Fuller v. State · Rucker v. State

2. “DOES SECTION 775.084, FLORIDA STATUTES (1989), DENY EITHER DUE PROCESS OR EQUAL PROTECTION OF LAW UNDER EITHER THE FLORIDA OR THE UNITED STATES CONSTITUTION; OR VIOLATE THE DOCTRINE OF SEPARATION OF POWERS, AS SET FORTH IN THE FLORIDA CONSTITUTION?”

   2 later decisions quote this exact passage · from the majority
   e.g. Seabrook v. State · 604 So. 2d 915 - Brazil v. State

3. “We ... reject [defendant's] contention that the State failed to prove that he had not been pardoned of the previous offense or that it has not been set aside in a post-conviction proceeding since these are affirmative defenses ... rather than matters required to be proved by the State. [1]”

   1 later decision quote this exact passage · from the majority
   e.g. 599 So. 2d 721 - Baxter v. State