643 So. 2d 94 - Lifred v. State’s Empirical Analysis
1994
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently May 2019
11 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 438 So. 2d 1 - Palmer v. State · 563 So. 2d 622 - Joint Ventures, Inc. v. Dept. of Transp. · 476 So. 2d 165 - State v. Carney · Daniels v. State · 592 So. 2d 678 - Rahming 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"However, in the case of multiple discharges of a firearm at multiple victims, there are, by definition, separate violations of each victim's rights. "An analysis barring imposition of stacked mandatory minimums, merely because the crimes against multiple victims are not separated by time and place, can lead to distinctions not fostering any stated legislative policy regarding restrictions on eligibility for parole. For example, we cannot see how a criminal who shoots three victims in the course of an armed robbery while the victims remain in the same location should be punished less severely than a criminal who shoots one victim three times at three separate locations."”
3 later decisions quote this exact passage“[W]e hold that in the case of multiple victims, the primary factor triggering the imposition of consecutive mandatory mínimums is whether the firearm has been discharged more than once to shoot those victims. An analysis of the nature of the crime, manner of commission, time and place may assist in the inquiry of whether qualitatively separate and distinct criminal acts occurred; but with discharges of the firearm to injure multiple victims, separation of time or place should not be dispositive. In the case of armed robberies of multiple victims, as in Palmer , the firearm is used simultaneously and in the same manner to rob more than one person. However, discharge of a firearm in the course of an armed robbery changes the nature of the crime and manner of commission. With each successive discharge of the firearm at each additional victim, the fireann is being used separately and distinctly, and in a different manner.”
2 later decisions quote this exact passage“"We start with the proposition that pursuant to section 775.021(4), Florida Statutes (1989), a trial court has discretion to impose separate sentences, either concurrently or consecutively, for each separate criminal offense arising out of a single criminal transaction or episode."”
2 later decisions 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.