Montague v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “HAS PINACLE v. STATE [Pinacle v. State], 654 So.2d 908 (Fla.1995), OVERRULED LINKOUS v. STATE [Linkous v. State], 618 So.2d 294 (Fla. 2D DCA), REVIEW DENIED, 626 So.2d 208 (Fla.1993), AND ADOPTED THE HOLDING OF PERRYMAN v. STATE [Perryman v. State], 608 So.2d 528 (Fla. 1ST DCA 1992), REVIEW DENIED, 621 So.2d 432 (Fla. 1993), SO THAT IN ORDER TO PRESERVE A KARCHESKY SENTENCING ERROR FOR APPELLATE REVIEW A CONTEMPORANEOUS OBJECTION MUST BE MADE AT TIME OF SENTENCING TO THE ADDITION OF VICTIM INJURY POINTS?”

   1 later decision quote this exact passage
   e.g. 682 So. 2d 1085 - State v. Montague

2. “Had such an objection been raised, it would have alerted the trial court to the necessity of receiving additional evidence at the sentencing hearing regarding the extent of victim injury....”

   1 later decision quote this exact passage
   e.g. 682 So. 2d 1085 - State v. Montague

3. “the practical effect has been to leave the record barren as to the trial court's basis for concluding that the victim suffered physical injury or trauma as a result of [Montague's] acts.”

   1 later decision quote this exact passage
   e.g. 682 So. 2d 1085 - State v. Montague