813 So. 2d 787 - Rusche v. State’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under harmless error analysis, the failure to provide [the defendant] with an immediate informal “probable cause” hearing shortly after the State began proceedings to revoke his probation -will not be seen to render ineffective the subsequent formal proceeding at which [the defendant] was afforded all the due process protections required under Mor-rissey unless there is some showing of prejudice to [the defendant] arising out of the failure to conduct the hearing— that prejudice necessarily extending beyond the issue of the State’s right to continue his confinement in the interim.”

   2 later decisions quote this exact passage
   e.g. Friday v. State · 48 So. 3d 526 - Presley v. State

2. “(a) a preliminary proceeding, in the nature of a probable cause hearing, to be held promptly after a probationer is detained for an alleged parole or probation violation, and (b) a more formal final revocation hearing at which the prisoner is afforded a number of constitutional protections as outlined in [ Morrissey v. Brewer, 408 U.S. 471, 487-88 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972)].”

   2 later decisions quote this exact passage
   e.g. 958 So. 2d 1276 - Jefferson v. State · 936 So. 2d 481 - King v. State

3. “all the necessary due process safeguards”

   1 later decision quote this exact passage
   e.g. 919 So. 2d 1022 - Hubbard v. State