835 So. 2d 259 - State v. Carter’s Empirical Analysis

Citation profile

125 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 130 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[s]uch a per se rule strips the trial court of its obligation to assess any alleged violations in the context of a defendant's case. Trial courts must consider each violation on a case-by-case basis for a determination of whether, under the facts and circumstances, a particular violation is willful and substantial and is supported by the greater weight of the evidence. In other words, the trial court must review the evidence to determine whether the defendant has made reasonable efforts to comply with the terms and conditions of his or her probation.”

   8 later decisions quote this exact passage
   e.g. Russell v. State · Adams v. State

2. “That is, the appellate court must determine whether or not the trial court acted in an arbitrary, fanciful or unreasonable manner in determining that [the] violation was both willful and substantial.”

   7 later decisions quote this exact passage
   e.g. Lawson v. State · Friddle v. State

3. “has broad discretion to determine whether there has been a willful and substantial violation of a term of probation and whether such a violation has been demonstrated by the greater weight of the evidence.”

   4 later decisions quote this exact passage
   e.g. Friddle v. State · Dawson v. State