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← 670 SO2D 967 - Capers v. State

Capers v. State’s Empirical Analysis

1995

Citation profile

6
cited by 6 later decisions
1
states following
March 1999
most recently cited

6 state decisions

Relationships

Relies on 488 So. 2d 523 - State v. Mischler · 567 So. 2d 882 - Wemett v. State · Florida Bar v. Mike · 567 So. 2d 425 - Wilson v. State · 628 So. 2d 1084 - Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

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

  1. “WHETHER SECTION 921.0016(3)(J), FLORIDA STATUTES (1993), MAKES "VULNERABILITY DUE TO AGE," AN AGGRAVATING CIRCUMSTANCE JUSTIFYING DEPARTURE FROM THE SENTENCING GUIDELINES WHERE THE DEFENDANT IS ADJUDICATED GUILTY OF ATTEMPTED CAPITAL SEXUAL BATTERY AND/OR LEWD AND LASCIVIOUS ASSAULT ON CHILDREN UNDER THE AGE OF SIXTEEN.”
    1 later decision quote this exact passage · from the majority
    e.g. 678 So. 2d 330 - Capers v. State
  2. ““Existing caselaw construing the application of sentencing guidelines that is in conflict with the provisions of this rule or the statement of purpose or the principles embodied by the 1994 sentencing guidelines set out in subsection 921.001(4) is superseded by the operation of this rule.””
    1 later decision quote this exact passage · from the majority
    e.g. 691 So. 2d 595 - Rosado v. State
  3. “the victim's vulnerability on account of age justifies upward departure for offenses committed after January 1, 1994, even in sentencing for an offense of which the victim's age is an element.”
    1 later decision quote this exact passage · from the majority
    e.g. 678 So. 2d 330 - 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.