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← 880 SO2D 804 - Osta v. State

Osta v. State’s Empirical Analysis

2004

Citation profile

8
cited by 8 later decisions
1
states following
December 2011
most recently cited

8 state decisions

Relationships

Relies on Stephens v. State · 817 So. 2d 935 - King v. State · 816 So. 2d 774 - Hartzog v. State

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

  1. “Although a plain reading of the statute [section 948.06(5), Florida Statutes (2002)] appears to place the burden of proving ability to pay restitution on the probationer, our courts have held that in order to revoke probation for failure to pay restitution the burden is on the State to prove the “willfulness” of the violation, and in order to prove “willfulness” the State must provide evidence that the probationer has the ability to pay restitution but willfully refuses to do so.”
    2 later decisions quote this exact passage

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.