Jenkins v. State’s Empirical Analysis
2004
Citation profile
5
cited by 5 later decisions
1
states following
September 2015
most recently cited
5 state decisions
Relationships
Relies on 497 So. 2d 1089 - Weaver v. State · 456 So. 2d 209 - Cumbest v. State · Beckham v. State · 522 So. 2d 227 - State v. Bradford · Cunningham 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Generally, when facts constituting an offense may violate two or more statutes or, where there is substantial doubt as to which statute applies, then a sentencing court must apply the statute which imposes the lesser punishment. The State is not obligated to prosecute under the statute with the lesser penalty but may choose to proceed under either statute so long as the choice is clear and unequivocal. However, if the indictment is ambiguous as to which statute applies, the defendant may only be punished under the statute with the lesser penalty.”
1 later decision quote this exact passage“be a plain, concise and definite written statement of the essential facts constituting the offense charged and . . . fully notify the defendant of the nature and cause of the accusation.”
1 later decision quote this exact passage · from the dissent
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.