704 So. 2d 49 - State v. Roderick’s Empirical Analysis

Citation profile

10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`[A] statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process.' Meeks, 513 So.2d at 566 (quoting Connally v. General Constr. Co., 269 U.S. at 391, 46 S.Ct. at 127). Generally speaking, a criminal statute is unconstitutional under the due process clause of the Fourteenth Amendment if it is so vague and uncertain that it does not inform those subject to it what acts it is their duty to avoid, or what conduct on their part will render them liable to its penalties.... `The test is whether the language conveys sufficiently definite warning as to the proscribed conduct when measured by common understanding and practices.'”

   1 later decision quote this exact passage
   e.g. Crawford v. State

2. “[O]ur constitutional scheme contemplates the power of judicial review of legislative enactments; however, that power may be exercised affirmatively only where the legislation under review be found `in palpable conflict with some plain provision of the ... constitution.'”

   1 later decision quote this exact passage
   e.g. Hood v. State

3. “'When a party invokes our power of judicial review, it behooves us to recall that the challenged act has been passed by legislators and approved by a governor sworn to uphold the selfsame constitution as are we.'”

   1 later decision quote this exact passage
   e.g. Bryant W. Clark v. Phil Bryant