794 So. 2d 307 - Ex Parte Berry’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Similarly in this present case Berry argues that the procedures set out in the [Department of Corrections'] Classification Manual require a due-process hearing before an inmates participation in the work-release program can be terminated. Berry has provided this Court with the portion of the Department of Corrections' Classification Manual that contains the language stating that `[n]o due process hearing is required for transfers among institutions other than removal from full work release status including free world employment, PDL, or SIR.' Berry also alleges that it has been the practice of the Department of Corrections to remove inmates from the work-release program only after the inmate commits some infraction of an administrative rule or regulation. The language in the Classification Manual prevents the Department of Corrections from arbitrarily removing an inmate from the work-release program, and, by doing so, creates a liberty interest in an inmate's continued participation in the work-release program. Therefore, the circuit court erred in summarily dismissing Berry's petition for the writ of habeas corpus. Berry's petition creates a genuine issue of material fact as to the applicability of the regulation to his work-release status."”

   3 later decisions quote this exact passage
   e.g. 837 So. 2d 319 - Conners v. State · 929 So. 2d 1048 - Ward v. State

2. “No due process hearing is required for transfers among institutions other than removal from full work release status including free world employment.”

   1 later decision quote this exact passage
   e.g. 803 So. 2d 586 - Neal v. State

3. “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life”

   1 later decision quote this exact passage
   e.g. 803 So. 2d 586 - Neal v. State