Fraser v. State

How courts have described this case

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

• holding invalid a trial judge’s general policy of refusing to consider mental disorder as a statutorily-permissible mitigating circumstance for which a downward departure was permissible
• holding invalid a trial judge’s general policy of refusing to consider mental disorder as a statutorily-permissible mitigating circumstance for which a downward departure was permissible
• reversing because the trial court expressed a “general policy” that mental health could never serve as a basis for a downward departure
• “[T]rial court’s commentary during the sentencing hearing reflects that the court was deeply concerned, irrespective of Fraser’s individual situation, by the general concept that mental health could be considered a basis for a departure sentence.”
• “[T]rial court’s commentary during the sentencing hearing reflects that the court was deeply concerned, irrespective of Fraser’s individual situation, by the general concept that mental health could be considered a basis for a departure sentence.”
• “The pertinent issue is not whether the court failed to take Fraser’s mental health into account at all, but whether it refused to consider his mental health needs as a basis for downward departure as a matter of policy.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• A.P. v. Department of Children & Families
  District Court of Appeal of Florida· 2017-11-01· cited 5×
• Levar Jermaine Taborn Tyson v. State of Florida
  District Court of Appeal of Florida· 2017-10-05· cited 4×
• JULIAN BROOK DESANTIS v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-03-21· cited 3×
• VICTOR H. CONCHA v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2017-08-16
• Concha v. State
  District Court of Appeal of Florida· 2017-08-16

Cites

4 cases in this archive are cited by this case.

• Cromartie v. State
  Supreme Court of Florida· 2011-08-25· cited 40×
• Barnhill v. State
  District Court of Appeal of Florida· 2014-06-06· cited 22×
• Pressley v. State
  District Court of Appeal of Florida· 2011-10-31· cited 11×
• Little v. State
  District Court of Appeal of Florida· 2014-12-05· cited 7×