899 So. 2d 1176 - State v. Carpenter’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`Dismissal of an information is, however, an extreme sanction that should be used with caution, and only when a lesser sanction would not achieve the desired result. State v. Thomas , 622 So.2d 174 , 175 (Fla. 5th DCA 1993). See also [State v.] Del Gaudio , 445 So.2d [605 ] at 608 [(Fla.Dist.Ct.App. 1993)] ("Dismissal of an information or indictment is `an action of such magnitude that resort to such a sanction should only be had when no viable alternative exists'") (quoting State v. Lowe , 398 So.2d 962 , 963 (Fla. 4th DCA 1981)). Before a court can dismiss an information for a prosecutor's violation of a discovery rule or order, the trial court must find that the prosecutor's violation resulted in prejudice to the defendant. Thomas , 622 So.2d at 175 ; Richardson v. State , 246 So.2d 771 (Fla. 1971). "`"The obvious rationale for limiting the sanction of dismissal of criminal charges to only those cases where no other sanction can remedy the prejudice to the defendant is to insure that the public's interest in having persons accused of crimes brought to trial is not sacrificed in the name of punishing a prosecutor's misconduct. And, of course, where the prosecutor's failure to make discovery has not irreparably prejudiced the defendant, the sanction of dismissal punishes the public, not the prosecutor, and results in a windfall to the defendant. . . . [T]he rule authorizing the imposition of sanctions for discovery violation was `never intended to furnish a defendant with a”

   6 later decisions quote this exact passage · from the majority
   e.g. State v. Lamm · Weathers v. State

2. “Dismissal of an information is ... an extreme sanction that should be used with caution, and only when a lesser sanction would not achieve the desired result.”

   4 later decisions quote this exact passage · from the majority
   e.g. State v. TG · State v. Moore

3. “Dismissal of an information or indictment is `an action of such magnitude that resort to such a sanction should only be had when no viable alternative exists'”

   4 later decisions quote this exact passage · from the majority
   e.g. Dawson v. State · State v. Moore