Gentzen v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Orders such as that which is the subject of this appeal are non-final, because they merely postpone further proceedings. Fla. R.Crim.P. 3.212. See Ozbourn v. State, 651 So.2d 795 (Fla. 1st DCA 1995) (order finding defendant incompetent to stand trial is interlocutory in nature). Article V, section 4(b)(1), of the Florida Constitution vests in the district courts of appeal jurisdiction to review non-final orders only "to the extent provided by rules adopted by the supreme court." Florida Rule of Appellate Procedure 9.030(b)(1)(B) provides that the district courts of appeal possess jurisdiction to review "non-final orders of circuit courts as prescribed by rule 9.130." In turn, rule 9.130(a)(2) provides that "[r]eview of non-final orders in criminal cases shall be as prescribed by rule 9.140." Although the state is permitted to take an appeal from an order "finding a defendant incompetent or insane" pursuant to rule 9.140(c)(1)(H), no corresponding provision is found in rule 9.140(b), which lists those appeals a defendant may take in a criminal case.”

   1 later decision quote this exact passage
   e.g. 712 So. 2d 1206 - Patton v. State

2. “preferable course in most cases is to file a petition seeking a writ of habeas corpus in the circuit court for the county in which the defendant is being detained, because that court is in a better position to conduct any evidentiary hearing which might prove necessary. Such is the case here.”

   1 later decision quote this exact passage
   e.g. 712 So. 2d 1206 - Patton v. State

3. “[r]eview of non-final orders in criminal cases shall be as prescribed by rule 9.140.”

   1 later decision quote this exact passage
   e.g. 712 So. 2d 1206 - Patton v. State