Fulcher v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whether viewed as involving a mutual mistake of material fact, or an involuntary plea, the remedy is not to grant the defendant immediate release. The defendant may stand by the plea bargain as is, or may withdraw his plea and proceed to a hearing on the original revocation of probation charges.”

   2 later decisions quote this exact passage · from the majority
   e.g. White v. State · 954 So. 2d 1216 - Rivera v. State

2. “[W]hen a defendant is given a split sentence, serves time in prison, is released on probation and subsequently violates that probation, she or he is entitled to credit for time served in prison on the original sentence, especially in the absence of any documentation establishing a waiver of credit during a negotiated plea for the probation violation.”

   1 later decision quote this exact passage · from the majority
   e.g. Jacobs v. State

3. “A plea bargain is a contract which can be set aside for a mutual mistake of material fact.”

   1 later decision quote this exact passage · from the majority
   e.g. 890 So. 2d 529 - Handley v. State