807 So. 2d 713 - Phillips v. State’s Empirical Analysis

Citation profile

9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[s]entences imposed on juveniles [as adults] of life imprisonment are not uncommon in Florida Courts.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 864 So. 2d 44 - Tate v. State · 982 So. 2d 43 - Graham v. State

2. “The responsibility for making this choice rests with the legislature and is entitled to substantial deference. Further, we recognize that not every citizen nor even every member of this court will agree with the penalty established by the legislature for this crime as applied to this offender, but the legislative determination falls within the bounds of a rational conclusion regarding an appropriate prison term for the crime of firstdegree murder. Finally, we find that the penalty of life imprisonment is not grossly disproportionate to the crime of first-degree murder. If, as Justice Kennedy's opinion noted, "the crime of felony murder without specific intent to kill... [is] a crime for which no sentence of imprisonment would be disproportionate," [ Harmelin v. Michigan, 501 U.S. 957 , 111 S.Ct. 2680 , 115 L.Ed.2d 836 (1991)] [ ] then the sentence of life imprisonment for the specific intent crime of first-degree murder cannot be disproportionate. Accordingly, we hold that Mr. Phillips' sentence does not violate the proportionality principle mandated by the Eighth Amendment.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 864 So. 2d 44 - Tate v. State