Schmidt v. McDonough’s Empirical Analysis

Citation profile

9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This section does not apply to a criminal proceeding or a collateral criminal proceeding. " See § 57.085(10), Fla. Stat. (2005) (emphasis added). The seminal case in this area is Schmidt I, and the relevant facts there are as follows: Schmidt is serving a criminal sentence and was disciplined for allegedly having lied to prison staff. As punishment, the Department of Corrections forfeited a portion of the gain time that Schmidt had already earned as a reduction to this sentence. Schmidt filed a mandamus petition in the circuit court contesting the forfeiture. The circuit court sought a filing fee or an affidavit of indigency and a printout of Schmidt's inmate account pursuant to the Prisoner Indigency Statute. See § 57.085, Fla. State. (2002). Schmidt responded that he was not subject to these requirements because his petition was not a civil lawsuit, but rather was a "collateral criminal proceeding”

   1 later decision quote this exact passage · from the majority
   e.g. 997 So. 2d 343 - McNeil v. Cox

2. “(1) Any indigent person, except a prisoner as defined in s. 57.085, who is a party or intervenor in any judicial or administrative agency proceeding or who initiates such proceeding shall receive the services of the courts ... with respect to such proceedings, despite his or her present inability to pay for these services. ... Prepayment of costs to any court ... is not required in any action if the party has obtained in each proceeding a certification of indigence in accordance with s. 27.52 or s. 57.082.”

   1 later decision quote this exact passage · from the majority
   e.g. 997 So. 2d 343 - McNeil v. Cox

3. “(2) When a prisoner who is intervening in or initiating a judicial proceeding seeks to defer the prepayment of court costs and fees because of indigence, the prisoner must file an affidavit of indigence with the appropriate clerk of the court. . . . (3) Before a prisoner may receive a deferral of prepayment of any court costs and fees for an action brought under this section, the clerk of court must review the affidavit and determine the prisoner to be indigent.”

   1 later decision quote this exact passage · from the majority
   e.g. 974 So. 2d 1110 - Smith v. Florida Dept. of Corrections