732 So. 2d 17 - Speed v. State’s Empirical Analysis

Citation profile

62 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We do have one profound reservation in regard to the Act, but it is not based on separation of powers but rather on substantive due process. Our concern is prompted by the provision in subsection (8)(d)1.c. of the Act which apparently gives the victim of the crime an absolute veto over imposition of the mandatory prison sentences prescribed by the Act, in this case a fifteen year sentence. Thus, the punishment of the offender will vary from case to case based upon the benign nature, or susceptibility to intimidation, of the criminal's victim. Should an armed robber be punished less severely because his victim happens to be forgiving rather than somewhat vindictive? Moreover, this provision of the Act promotes harassment and intimidation of the victim. Apparently this due process argument in regard to a victim veto has not been raised in any other case involving the validity of the Prison Releasee Reoffender Act, nor has it been briefed or argued in the instant appeal. We therefore do not determine its viability here.”

   2 later decisions quote this exact passage
   e.g. State v. Cotton · 745 So. 2d 351 - Turner v. State

2. “[The Act] clearly provides that the state "may" seek to have the court sentence the defendant as a P[rison] R[eleasee] R[eoffender]. A prosecutor's decision to seek enhanced penalties under section 775.082(8) ... is not a sentencing decision. Rather, it is a decision in the nature of a charging decision, which is solely within the discretion of the executive or state attorney.”

   2 later decisions quote this exact passage
   e.g. Rollinson v. State · 743 So. 2d 585 - Rollinson v. State

3. “extenuating circumstances exist which preclude the just prosecution of the offender,”

   2 later decisions quote this exact passage
   e.g. State v. Cotton · 737 So. 2d 637 - Lookadoo v. State