846 So. 2d 786 - State v. Smith’s Empirical Analysis

Citation profile

246 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 246 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “remains in the best position to assess the aggravating and mitigating circumstances presented by each case.”

   205 later decisions quote this exact passage
   e.g. 150 So. 3d 547 - State v. Balach · State v. Balach

2. “A sentence which falls within the statutory limits may be excessive under certain circumstances. To constitute an excessive sentence, this Court must find that the penalty is so grossly disproportionate to the severity of the crime as to shock our sense of justice or that the sentence makes no reasonable contribution to acceptable penal goals and[,] therefore, is nothing more than the needless imposition of pain and suffering. The trial judge has broad discretion, and a reviewing court may not set sentences aside absent a manifest abuse of discretion.”

   8 later decisions quote this exact passage
   e.g. 38 So. 3d 1102 - State v. Quinn · 49 So. 3d 1039 - State v. Smith

3. “court shall state for the record the considerations taken into account and the factual basis therefor in imposing sentence.”

   2 later decisions quote this exact passage
   e.g. State v. Thomas · 980 So. 2d 907 - State v. Creamer