Lemon v. State’s Empirical Analysis

Citation profile

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

1. “We reject the state's argument that because the departure sentence could have been imposed even if the 1994 guidelines had been used, appellant is not entitled to relief. Although this reasoning has been applied to habitual offender sentences, see, e.g., Arce v. State, 762 So.2d 1003 (Fla. 4th DCA 2000), those sentences do not arise from the guidelines, while departure sentences do. Nonetheless, relief may not be due where it can be shown that the trial court would have imposed the same 1995 guidelines departure sentence under the 1994 guidelines. Cf. Hines v. State, 587 So.2d 620, 621 (Fla. 2d DCA 1991), approved sub nom., State v. Mackey, 719 So.2d 284 (Fla.1998); Rubin v. State, 734 So.2d 1089, 1089 (Fla. 3d DCA 1999). We therefore reverse and remand for consideration of this point.”

   1 later decision quote this exact passage · from the majority
   e.g. 825 So. 2d 927 - State v. Lemon