Booker v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “so long as the sentence imposed is within the maximum limit set by the legislature, an appellate court is without power to review the sentence”
• explaining that it would be an abuse of discretion to impose an upward departure sentence under the 1987 sentencing guidelines if the sentence was “so excessive as to shock the judicial conscience”
• explaining that it would be an abuse of discretion to impose an upward departure sentence under the 1987 sentencing guidelines if the sentence was “so excessive as to shock the judicial conscience”
• noting that, historically, “a reviewing court is powerless to interfere with the length of a sentence imposed by the trial court so long as the sentence is within the limits allowed by the relevant statute”
• “In effect, this rule recognizes that setting forth the range within which a defendant may be sentenced is a matter of substantive law, properly within the legislative domain.”
• “[A] reviewing court is powerless to interfere with the length of a sentence imposed by the trial court so long as the sentence is within the limits allowed by the relevant statute.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

44 cases in this archive cite this case; the 20 most cited are listed.

• State v. Smith
  Supreme Court of Florida· 1989-06-22· cited 218×
• Smith v. State
  Supreme Court of Florida· 1989-01-05· cited 94×
• Hall v. State
  Supreme Court of Florida· 2002-07-03· cited 86×
• Peterson v. State
  District Court of Appeal of Florida· 2001-01-24· cited 40×
• Heath v. State
  District Court of Appeal of Florida· 1988-10-13· cited 35×
• Nusspickel v. State
  District Court of Appeal of Florida· 2007-09-28· cited 35×
• Brennan v. State
  Supreme Court of Florida· 1999-07-08· cited 33×
• Howard v. State
  District Court of Appeal of Florida· 2002-03-20· cited 28×
• Foster v. State
  District Court of Appeal of Florida· 2003-12-24· cited 18×
• Cabrera v. State
  District Court of Appeal of Florida· 1991-04-02· cited 16×
• Felts v. State
  District Court of Appeal of Florida· 1989-01-20· cited 13×
• Norman v. State
  District Court of Appeal of Florida· 2002-08-28· cited 13×
• Johnson v. State
  District Court of Appeal of Florida· 1988-12-20· cited 13×
• Files v. State
  District Court of Appeal of Florida· 1991-08-30· cited 12×
• Miguel Angel Alfonso-Roche v. State of Florida
  District Court of Appeal of Florida· 2016-06-01· cited 11×
• Abt v. State
  District Court of Appeal of Florida· 1988-07-13· cited 11×
• Amendment to Florida Rule of Juvenile Procedure 8.100(a)
  Supreme Court of Florida· 1999-04-29· cited 10×
• Lettman v. State
  District Court of Appeal of Florida· 1988-06-08· cited 8×
• Mayo v. State
  District Court of Appeal of Florida· 1988-01-14· cited 8×
• McKinney v. State
  District Court of Appeal of Florida· 2010-01-29· cited 8×

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

• Weaver v. Graham
  Supreme Court· 1981-02-24· cited 2,482×
• Canakaris v. Canakaris
  Supreme Court of Florida· 1980-03-27· cited 2,288×
• Townsend v. Burke
  Supreme Court· 1948-06-14· cited 1,667×
• Miller v. Florida
  Supreme Court· 1987-06-09· cited 1,316×
• Gore v. United States
  Supreme Court· 1958-10-13· cited 885×
• Dorszynski v. United States
  Supreme Court· 1974-06-26· cited 664×
• Lindsey v. Washington
  Supreme Court· 1937-05-17· cited 556×
• Burns v. United States
  Supreme Court· 1932-12-05· cited 523×
• Albritton v. State
  Supreme Court of Florida· 1985-08-29· cited 397×
• State v. Jackson
  Supreme Court of Florida· 1985-10-17· cited 337×
• Delno v. Market St. Ry. Co.
  Ninth Circuit· 1942-01-15· cited 190×
• Robert Michael Woosley v. United States
  Eighth Circuit· 1973-04-24· cited 179×
• Keys v. State
  Supreme Court of Florida· 1986-12-24· cited 108×
• Yates v. United States
  Supreme Court· 1958-05-05· cited 73×
• State v. Pentaude
  Supreme Court of Florida· 1987-01-05· cited 65×
• State v. Johnson
  New Jersey Superior Court App Division· 1961-05-05· cited 62×
• State v. Yost
  Supreme Court of Florida· 1987-05-07· cited 60×
• Booker v. State
  District Court of Appeal of Florida· 1985-12-13· cited 39×
• Adams v. State
  Supreme Court of Florida· 1986-06-26· cited 27×
• Infante v. State
  District Court of Appeal of Florida· 1967-04-11· cited 26×