Byrd v. State’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. “But when the judge has been involved in the plea negotiation and then later imposes a harsher sentence, the sentence is presumed to be vindictive. This presumption may now be overcome only if the record affirmatively demonstrates that the defendant's insistence on a trial was given no consideration in the sentencing.”

   3 later decisions quote this exact passage
   e.g. 840 So. 2d 415 - Nowells v. State · 819 So. 2d 831 - Morales v. State

2. “[t]o avoid the potential for coercion, a judge must neither state nor imply alternative sentencing possibilities which hinge upon future procedural choices, such as the exercise of a defendant’s right to trial.” Id. Additionally,”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Wilson v. State · 845 So. 2d 142 - Wilson v. State

3. “COURT: Anything else before we bring in the jury? DEFENSE COUNSEL: As I indicated to the court, Mr. Byrd asked me what the court's inclination would be for a plea to the bench, and your honor indicated 30 years. COURT: From what I understand from the State, and I haven't seen the score sheet, but apparently he's not pure driven snow and his score sheet comes out to more than 15 years. So I think 30 years is a fair offer, considering what you would do is over 100 years, and this isn't your first robbery. Frankly, I think—Good God, he's got numerous armed robberies. DEFENSE COUNSEL: They all arise out of one plea. COURT: Well, there you go. They all count, though. I think 30 years is a steal. He certainly won't get that low if he goes to trial. His record is horrendous.”

   1 later decision quote this exact passage
   e.g. 845 So. 2d 142 - Wilson v. State