860 So. 2d 94 - State v. Hernandez’s Empirical Analysis
2003
Citation profile
3
cited by 3 later decisions
1
states following
December 2016
most recently cited
3 state decisions
Relationships
Relies on State v. Oliveaux · State v. Dorthey · State v. Weiland · 709 So. 2d 672 - State v. Johnson · 806 So. 2d 697 - State v. Temple
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To rebut the presumption that the mandatory minimum sentence is constitutional, a defendant must show, by clear and convincing evidence, that, “because of unusual circumstances this defendant is a victim of the legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case.””
2 later decisions quote this exact passagee.g. State v. Do · State v. Shaw“[.■¡Whoever commits the crime of aggravated incest on a victim under the age of thirteen years when the offender is seventeen years of age or older shall be punished by imprisonment at hard labor for not less than twenty-five years nor more than life imprisonment. At least twenty-five years of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.”
1 later decision quote this exact passagee.g. State v. Do
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.