792 So. 2d 950 - Presley v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[o]nce a case has been terminated and the term of court ends, a circuit court is powerless to alter or vacate its judgment,”

   6 later decisions quote this exact passage
   e.g. Moore v. State · 970 So. 2d 1309 - Ducote v. State

2. “) (emphasis added). The supreme court has thoroughly discussed the law as it relates to a breach of a plea bargain agreement in Danley I and Danley II. Danley and the district attorney agreed to a plea bargain. Id. at 621 . The terms of the plea bargain were similar to the plea colloquy here. Id. Danley agreed to testify truthfully and agreed that if he did not then the State could prosecute him fully. Id. The district attorney believed that Danley lied during his testimony and determined that he would prosecute Danley for murder instead of manslaughter. Id. The court held: The United States Supreme Court has held that the process of plea bargaining is to be encouraged if properly administered. "When a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be a part of the inducement or consideration, such promise must be fulfilled.”

   1 later decision quote this exact passage
   e.g. Moore v. State

3. “is basically a binding contract between the prosecution and the defendant that, if the defendant does a, b, and c, the prosecution will do d, e, and f.”

   1 later decision quote this exact passage
   e.g. 973 So. 2d 1003 - Smith v. State