Brown v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “we find a lack of logic in considering a factor to be an aggravation allowing departure from the guidelines when the same factor is included in the guidelines for purposes of furthering the goal of uniformity.”

   1 later decision quote this exact passage
   e.g. 944 So. 2d 516 - Damiano v. State

2. “Moreover, where factors are already taken into account in calculating a guidelines score, those same factors may not also be used as aggravating circumstances for a departure sentence.”

   1 later decision quote this exact passage
   e.g. 944 So. 2d 516 - Damiano v. State

3. “is so extraordinary or egregious as to be beyond the ordinary case.”

   1 later decision quote this exact passage
   e.g. 944 So. 2d 516 - Damiano v. State