State v. Rucker’s Empirical Analysis

Citation profile

114 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 114 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 provided by the state have been pardoned or set aside?”

   4 later decisions quote this exact passage
   e.g. 613 So. 2d 465 - State v. Anderson · 613 So. 2d 474 - State v. Van Bryant

2. “is a ministerial determination involving no subjective analysis.”

   2 later decisions quote this exact passage
   e.g. 617 So. 2d 336 - Tarver v. State · 643 So. 2d 1078 - Herrington v. State

3. “775.084 Habitual felony offenders and habitual violent felony offenders; extended terms; definitions; procedure; penalties.— (1) As used in this act: (a) "Habitual felony offender" means a defendant for whom the court may impose an extended term of imprisonment, as provided in this section, if it finds that: 1. The defendant has previously been convicted of any combination of two or more felonies in this state or other qualified offenses; 2. The felony for which the defendant is to be sentenced was committed within 5 years of the date of the conviction of the last prior felony or other qualified offense of which he was convicted, or within 5 years of the defendant’s release, on parole or otherwise, from a prison sentence or other commitment imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later; 3. The defendant has not received a pardon for any felony or other qualified offense that is necessary for the operation of this section; and 4. A conviction of a felony or other qualified offense necessary to the operation of this section has not been set aside in any post-conviction proceeding.”

   1 later decision quote this exact passage
   e.g. Brown v. State