· 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).
Sourced from CourtListener / Free Law Project (CC0).
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