McClinton v. State’s Empirical Analysis

Citation profile

36 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[p]robation may be revoked upon a showing that a defendant `more likely than not' violated the terms of probation.”

   3 later decisions quote this exact passage
   e.g. Hardin v. State · 952 So. 2d 1040 - Graham v. State

2. “(a) written notice of the claimed violations of (probation or) parole; (b) disclosure to the (probationer or) parolee of evidence against him; (c) opportunity to be heard in person and to present witnesses and documentary evidence; (d) the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a “neutral and detached” hearing body such as a traditional parole board, members of which need not be judicial officers or [lawyers]; and (f) a written statement by the factfinders as to the evidence relied on and reasons for revoking (probation or) parole.”

   2 later decisions quote this exact passage
   e.g. 70 So. 3d 255 - Jones v. State · 853 So. 2d 136 - Forshee v. State

3. “due process requires that the trial judge at least orally inform the defendant of the terms and conditions upon which his suspended sentence is contingent before it may be properly revoked for violations of those terms and conditions.”

   1 later decision quote this exact passage
   e.g. 248 So. 3d 898 - Henry J. Laneri, III v. State of Mississippi