Bundrage v. State’s Empirical Analysis

Citation profile

25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]here is no indication on the verdict form that would distinguish the possession as being actual, rather than constructive. The jury found Bundrage "guilty of possession of a firearm by a convicted felon, as charged in the information."... Even if the facts presented to the jury would only support an actual possession theory, the supreme court's decision in Overfelt and its progeny require a jury finding of actual possession to justify imposition of the three-year minimum mandatory sentence. See Tucker v. State, 726 So.2d 768 (Fla.1999); State v. Hargrove, 694 So.2d 729 (Fla.1997); State v. Tripp, 642 So.2d 728 (Fla.1994).”

   2 later decisions quote this exact passage
   e.g. Donohue v. State · 868 So. 2d 1242 - James v. State

2. “enhances the sentence of a defendant who `actually possessed' a firearm during the commission of the crime.”

   2 later decisions quote this exact passage
   e.g. 997 So. 2d 486 - Williams v. State · 868 So. 2d 1242 - James v. State

3. “[t]he Defendant is Guilty of Possession of a firearm by a Convicted Felon as charged in the Information.”

   2 later decisions quote this exact passage
   e.g. 855 So. 2d 218 - Johnson v. State · 868 So. 2d 1242 - James v. State