Rogers v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “where the victim injury which is the basis for the assessment of sentencing points is not an element—or the functional equivalent of an element—of the offense and thus not part of the essential facts constituting the offense charged, the victim injury need not be alleged in the information.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 997 So. 2d 1161 - Delgado v. State

2. “It remains true — and of salient significance for the instant case — that “not all facts affecting the defendant’s punishment are elements,” and therefore that not “every fact with a bearing on sentencing must be found by a jury,” or alleged in the charging instrument.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 21 So. 3d 108 - Brown v. State

3. “plain, concise, and definite written statement of the essential facts constituting the offense charged.”

   1 later decision quote this exact passage
   e.g. 971 So. 2d 957 - Bradley v. State