921 So. 2d 705 - State v. Strawser’s Empirical Analysis

Citation profile

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

1. “Our review of a downward departure decision is based upon a two part process. The first prong, whether the court can depart, “is a mixed question of law and fact and will be sustained on review if the court applied the right rule of law and if competent substantial evidence supports its ruling.” Banks v. State, 732 So.2d 1065, 1067 (Fla.1999). The level of proof necessary to establish facts supporting a departure is a preponderance of the evidence. § 921.001(4)(a)(6), Fla. Stat. We assess the record evidence for its sufficiency only, not its weight. Banks, 732 So.2d at 1067 .”

   1 later decision quote this exact passage
   e.g. 59 So. 3d 1163 - State v. Michels

2. “age, coupled with immaturity or the inability to appreciate the consequences of an offense, may be a valid reason to depart.”

   1 later decision quote this exact passage
   e.g. 990 So. 2d 597 - State v. Lago

3. “an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.”

   1 later decision quote this exact passage
   e.g. 948 So. 2d 1014 - Johnson v. State