State v. Hunter’s Empirical Analysis
2011
Citation profile
4
cited by 4 later decisions
1
states following
February 2013
most recently cited
4 state decisions
Relationships
Relies on 732 So. 2d 1065 - Banks v. State · 576 So. 2d 1310 - Perkins v. State · Edler v. State · 807 So. 2d 122 - State v. Tyrrell · 866 So. 2d 179 - State v. Mann
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1 Furthermore, the Fifth District's own case law is internally inconsistent. The Fifth District never receded from Spioch , but subsequent Fifth District opinions have required the defendant to prove that the Department cannot provide the specialized treatment required. See Mann, 866 So.2d at 182 ; Tyrrell, 807 So.2d at 128 ; Thompson, 754 So.2d at 127 . Sentencing statutes must be strictly construed according to their letter. See Perkins v. State, 576 So.2d 1310, 1312 (Fla.1991); Atterbury v. State, 991 So.2d 980, 981 (Fla. 4th DCA 2008). In sentencing, the trial judge should strictly follow the dictates of statutes. See Troutman v. State, 630 So.2d 528 , 533 n. 6 (Fla.1993), superseded by statute on other grounds as stated in Ritchie v. State, 670 So.2d 924 (Fla.1996). In addition, the rule of lenity requires that when language of a statute is susceptible of differing constructions, it must be construed most favorably to the accused. See § 775.021(1), Fla. Stat. (2008). By requiring the defendant seeking downward departure from a criminal punishment code sentence to prove that services to treat his or her medical condition are unavailable in prison, the courts have placed an additional burden on the defendant which is not required by the Legislature. In fact, nothing in the legislative history even hints that in order to justify a downward departure on this ground, services must be unavailable in prison to treat the condition. While that might be what the Legislature intend”
2 later decisions quote this exact passage · from the concurrencee.g. State v. Owens · State v. Chubbuck“(mjitigating circumstance[ ] under which a departure from the lowest permissible sentence is reasonably justified” includes when a”
2 later decisions quote this exact passage · from the concurrencee.g. State v. Chubbuck · Perez v. State
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.