788 So. 2d 667 - State v. Brown’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “THE COURT: The Court takes notice that the defendant was found guilty of aggravated rape by a jury of his peers on August 2, in the year, 2002. In imposing sentence herein, the Court takes notice of the provisions of Article 894.1 of the Code of Criminal Procedure. The Court further takes notice that the crime of aggravated rape, by law, carries a mandatory minimum sentence of life imprisonment, which sentence must be served without benefit of probation, parole or suspension of sentence. The Court notes further in imposing sentence herein takes into consideration the statements made by the defendant. However, the Court further notes that it is without authority, by law, to impose any sentence less than that which is required. The Court notes that the offense of which the defendant was convicted was a felony and that in accordance with law it is mandatory that he be sentenced to a period of incarceration which must be served life without benefit of probation, parole or suspension of sentence. The offense being committed was an act of violence of rape against another party. Accordingly, the Court sentences the defendant to life imprisonment and the sentence is ordered pursuant to statute to be served without benefit of parole, probation or suspension of sentence. The Court orders that the defendant be given credit for time served and remanded to the custody of the Department of Public Safety and Corrections for execution of sentence....”

   1 later decision quote this exact passage
   e.g. 860 So. 2d 66 - State v. Berniard

2. “[h]e is exceptional, which in this context means that because of unusual circumstances this defendant is a victim of the legislature's failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case.”

   1 later decision quote this exact passage
   e.g. 930 So. 2d 1039 - State v. Hebert

3. “grossly out of proportion to the severity of the crime,”

   1 later decision quote this exact passage
   e.g. 930 So. 2d 1039 - State v. Hebert