Grant v. State’s Empirical Analysis

Citation profile

256 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 259 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “section 775.082(8)(c) only authorizes the court to deviate from the [Act's] sentencing scheme to impose a greater sentence of incarceration,”

   11 later decisions quote this exact passage
   e.g. Michel v. State · Lewis v. State

2. “[n]othing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.”

   5 later decisions quote this exact passage
   e.g. Michel v. State · Johnson v. State

3. “(9)(a)1. "Prison releasee reoffender" means any defendant who commits, or attempts to commit: . . . . o. Any felony that involves the use or threat of physical force or violence against an individual; . . . . within 3 years of being released from a state correctional facility operated by the Department of Corrections or a private vendor. 2. If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows: a. For a felony punishable by life, by a term of imprisonment for life; b. For a felony of the first degree, by a term of imprisonment of 30 years; c. For a felony of the second degree, by a term of imprisonment of 15 years; and d. For a felony of the third degree, by a term of imprisonment of 5 years. (b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence. (c) Nothing in this subsection shall prevent a court from imposing a greater sentence of i”

   4 later decisions quote this exact passage
   e.g. 796 So. 2d 1263 - Oberst v. State · 889 So. 2d 952 - Souza v. State