State v. Vandonick’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a variety of circumstances might induce a victim to settle her claim for less than her actual damages—problems of proof, for example, or her immediate financial need, or the inadequacy of the defendant's liability insurance policy limits. Such considerations should have no bearing on the court's statutory duty to order restitution for the damage or loss caused by the defendant's criminal conduct. Where, as here, the settlement was for a sum which was less than the victim's damage or loss, an order imposing restitution based solely on the amount of the settlement would violate the clear requirements of the statute.”

   2 later decisions quote this exact passage · from the dissent
   e.g. State v. Kirby · 863 So. 2d 238 - Kirby v. State

2. “(1)(a) In addition to any punishment, the court shall order the defendant to make restitution to the victim for: 1. Damage or loss caused directly or indirectly by the defendant's offense; and 2. Damage or loss related to the defendant's criminal episode, unless it finds clear and compelling reasons not to order such restitution.... The court shall make the payment of restitution a condition of probation ....”

   1 later decision quote this exact passage · from the dissent
   e.g. 863 So. 2d 238 - Kirby v. State

3. “any rights and duties the parties had at that moment were merged into the agreement”

   1 later decision quote this exact passage
   e.g. 830 So. 2d 208 - Plumpton v. CONTINNENTAL ACREAGE DEVELOPMENT CO., INC.