Short v. State’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.”

   2 later decisions quote this exact passage
   e.g. Triplett v. State · 61 So. 3d 171 - Joiner v. State

2. “[the] record show[ed] that no proof of any of these convictions was introduced as an exhibit or even mentioned during Short’s trial or at sentencing. The sole evidence that Short had previously been convicted of a felony was his stipulation to an element of the offense of possession of a firearm by a convicted felon in which he admitted to having been convicted of “a felony or felonies.””

   1 later decision quote this exact passage
   e.g. 62 So. 3d 1009 - Perez v. State

3. “The possession element may be shown by proof that the defendant actually or constructively possessed the firearm.”

   1 later decision quote this exact passage
   e.g. Sanchez Duncan v. State of Mississippi