921 So. 2d 513 - State v. Barnum’s Empirical Analysis
2006
Citation profile
23 state decisions
How this case has been cited
Cited by 27 later decisions (1 by the Supreme Court) — most recently December 2024 · most notably Kennedy v. Louisiana (2008), Luurtsema v. Commissioner of Correction (2011)
23 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gideon v. Wainwright · Stovall v. Denno · Linkletter v. Walker · Coker v. Georgia · George Bush v. Albert Gore
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Hjistory shows that most major constitutional changes are likely to fall within two broad categories. The first are those changes of law which place beyond the authority of the state the power to regulate certain conduct or impose certain penalties. This category is exemplified by Coker v. Georgia, 433 U.S. 584 , 97 S.Ct. 2861 , 53 L.Ed.2d 982 (1977), which held that the imposition of the death penalty for the crime of rape of an adult woman is forbidden by the eighth amendment as cruel and unusual punishment. The second are those changes of law which are of sufficient magnitude to necessitate retroactive application as ascertained by the three-fold test of [Stovall v. Denno, 388 U.S. 293 , 87 S.Ct. 1967 , 18 L.Ed.2d 1199 (1967)] and [Linkletter v. Walker, 381 U.S. 618 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965)]. G ideon v. Wainwright, [ 372 U.S. 335 [, 83 S.Ct. 792 , 9 L.Ed.2d 799 ] (1963)], of course, is the prime example of a law change included within this category. 3”
1 later decision quote this exact passage“That the government must prove each element of a criminal offense beyond a reasonable doubt is a bedrock principle of our criminal justice system and one that guides the review of any criminal conviction in this state.”
1 later decision quote this exact passage“. . . that retroactivity will be adjudged solely through operation of the Witt standard with an overlay of the Fiore due process considerations.”
1 later decision quote this exact passagee.g. Hazelton v. State
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.