667 So. 2d 299 - Small v. State’s Empirical Analysis
1995
Citation profile
4 state decisions
Relationships
Relies on 488 So. 2d 523 - State v. Mischler · 599 So. 2d 1276 - Parmley v. State · 621 So. 2d 1063 - In re Amendments to the Florida Rules of Traffic Court · 567 So. 2d 882 - Wemett v. State · Hall 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It necessarily follows that a departure cannot be based on factors common to nearly all victims of similar crimes. Otherwise, the exception would swallow the rule. * * * * * * Vulnerability is not a clear and convincing reason to depart from the guidelines when the victim's helplessness is common to nearly all similar crimes. Were we to allow the departure here based solely on the age-related vulnerability, virtually every defendant who assaults an elderly person or a child would qualify for a departure sentence regardless of the nature or severity of the offense."”
1 later decision quote this exact passagee.g. Capers v. State“Aggravating circumstances under which a departure from the sentencing guidelines is reasonably justified include, but are not limited to: . . . . . (j) The victim was especially vulnerable due to age or physical or mental disability.”
1 later decision quote this exact passage · from the concurrencee.g. Capers 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.