666 So. 2d 655 - State v. Hamilton’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A district court should therefore make express findings according to the jurisprudential standards governing the determination of whether a particular sentence is excessive. Perhaps more importantly, the district court should also state fully for the record the factual bases underlying its determination for purposes of facilitating appellate review.”

   9 later decisions quote this exact passage · from the concurrence
   e.g. 681 So. 2d 420 - State v. Bastian · 675 So. 2d 783 - State v. Alexis

2. “During the time of the pre-trial in this case I heard the facts of this case, which were essentially that a conversation occurred between herself [the defendant] and an undercover officer in which she engaged in the crime of prostitution. Prostitution is 14:82, it carries 6 months. It also gives the ... state a choice to go with prostitution, which is a 6-month offense, or solicitation for crime against nature, which is a 5-year sentence ... And I believe that the minimum of 2 and a half years for solicitation of prostitution is ludicrous, ridiculous and unconstitutionally excessive.... The Court is going to sentence the defendant to serve 18 months in the Department of Corrections because imposing the 2 and a half year minimum sentence would be nothing more than the hurtful imposition of pain and suffering. That the sentence of 2 and a half years is grossly out of proportion to the severity of this crime. And the punishment of 2 and a half years in this specific case, because of a conversation that occurred between an undercover officer and this lady, makes no measurable contribution whatsoever to the acceptable goals of punishment.”

   1 later decision quote this exact passage · from the majority
   e.g. 677 So. 2d 539 - State v. Hamilton

3. “although the trial court cited Dorthey in his reasons it does not appear that he made a proper finding that imposition of the statutory mandated sentence would be constitutionally excessive”

   1 later decision quote this exact passage · from the majority
   e.g. 677 So. 2d 539 - State v. Hamilton