Booker v. State’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Ordinarily, [Booker's] allegations of mistake and misinformation would be sufficient to state a prima facie case for relief. It is a well-established principle of law that a defendant should be allowed to withdraw a plea of guilty where the plea was based upon a misunderstanding or misapprehension of facts considered by the defendant in making the plea. See Forbert v. State, 437 So.2d 1079, 1081 (Fla.1983); see also e.g., Brown v. State, 245 So.2d 41 (Fla.1971) (holding that a judge should be liberal in the exercise of his discretion to allow withdrawal of a plea where it is shown that the plea was based upon a failure of communication or misunderstanding of the facts); Catinella v. State, 732 So.2d 444 (Fla. 4th DCA 1999) (reiterating that a plea of guilty should be entered voluntarily by one who is competent to know the consequences and should not be induced by fear, misapprehension, undue persuasion, promises, mistake, fraud, inadvertence or ignorance).”

   1 later decision quote this exact passage · from the majority
   e.g. 887 So. 2d 1191 - Banks v. State

2. “Because the appellant's sentence could have been imposed under the 1994 guidelines, his claim that he is entitled to withdraw his plea also fails. See [ Booker ]. Even if the appellant's claims had merit, his motion was untimely under our decision in Regan .”

   1 later decision quote this exact passage · from the majority
   e.g. 887 So. 2d 1191 - Banks v. State