Nusspickel v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If portions of the record reflect that the trial court may have relied upon impermissible considerations in imposing sentence, the State bears the burden to show from the record as a whole that the trial court did not rely on such impermissible considerations.”

   2 later decisions quote this exact passage
   e.g. Johnny M. Brown, Jr. v. State · 261 So. 3d 729 - TIMOTHY TURNER v. STATE OF FLORIDA

2. “Generally, the trial court's imposition of a sentence that is within the minimum and maximum limits set by the legislature 'is a matter for the trial [c]ourt in the exercise of its discretion, which cannot be inquired into upon the appellate level.'”

   2 later decisions quote this exact passage
   e.g. Berben v. State · Piccinini v. State

3. “[U]nsubstantiated allegations of misconduct or speculation that the defendant probably committed other crimes may not be relied upon by a trial court in imposing sentence.”

   2 later decisions quote this exact passage
   e.g. KIMBERLY JANE LUNDQUIST v. STATE OF FLORIDA · 273 So. 3d 269 - ADAM T. THARP v. STATE OF FLORIDA