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· 9/30/2022

Darrell Miller v. State of Florida

How courts have described this case

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

  • noting that the failure to render aid is “relevant to whether a person convicted of a crime has acted in a particularly cruel manner”
  • noting that an upward sentencing departure based on particular cruelty is not an abuse of the district court’s discretion when the cruelty is not usually associated 4 with the relevant offense
  • explaining the “fundamental requirement” that upward departures are permitted “only when a defendant’s conduct in the commission of an offense is significantly more- serious than that typically involved in the commission of the offense in question”
  • relying on the word “particular” to conclude that the aggravating factor of “particular cruelty” toward the victim means cruelty “of a kind not usually associated with the commission of the offense in question” (citation omitted) (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.