Simmons v. State’s Empirical Analysis

Citation profile

43 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In the context of penalty phase errors of counsel, the prejudice prong of Strickland “is shown where, absent the errors, there is a reasonable probability that the balance of aggravating and mitigating circumstances would have been different or the deficiencies substantially impair confidence in the outcome of the proceedings.” Hoskins [v. State, 75 So.3d 250, 254 (Fla.2011) ] (quoting Gaskin v. State, 737 So.2d 509 , 516 n. 14 (Fla.1999), receded from in part on other grounds by Nelson v. State, 875 So.2d 579, 582-83 (Fla.2004)). [A defendant] “must show that but for his counsel’s deficiency, there is a reasonable probability he would have received a different sentence. To assess that probability, we consider ‘the totality of the available mitigation evidence— both that adduced at trial, and the evidence adduced in the [evidentiary hearing]’ — and ‘reweig[h] it against the evidence in aggravation.’ ” Porter [v. McCollum, 558 U.S. 30, 41 , 130 S.Ct. 447 , 175 L.Ed.2d 398 (2009)] (quoting Williams [v. Taylor, 529 U.S. 362, 397-98 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000)) ]. See also Wiggins, 539 U.S. at 534 , 123 S.Ct. 2527 . However, the Supreme Court reiterated in Porter that “[w]e do not require a defendant to show ‘that counsel’s deficient conduct more likely than not altered the outcome’ of his penalty proceeding, but rather that he establish ‘a probability sufficient to undermine confidence in [that] outcome.’ ” Porter, [ 558 U.S. at 44 , 130 S.Ct. 447 ] (quoting Strick”

   2 later decisions quote this exact passage · from the majority
   e.g. 135 So. 3d 1040 - Jermaine Lebron v. State of Florida · & SC13-706 Lamar Z. Brooks v. State of Florida and Lamar Z. Brooks v. Julie L. Jones, etc.

2. “We have held: Where multiple errors are discovered in the jury trial, a review of the cumulative effect of those errors is appropriate because “even though there was competent substantial evidence to support a verdict ... and even though each of the alleged errors, standing alone, could be considered harmless, the cumulative effect of such errors [may be] such as to deny to defendant the fair and impartial trial that is the inalienable right of all litigants in this state and this nation.” McDuffie v. State, 970 So.2d 312, 328 (Fla.2007) (alterations in original) (quoting Brooks v. State, 918 So.2d 181, 202 (Fla.2005)). However, where the allegations of individual error are proeedurally barred or meritless, a claim of cumulative error also fails. See Israel [u State, 985 So.2d 510, 520 (Fla.2008) ] (citing Parker v. State, 904 So.2d 370, 380 (Fla.2005)).”

   1 later decision quote this exact passage · from the majority
   e.g. William James Deparvine v. State of Florida

3. “STATE: Just as you didn’t speak to any of the witnesses whose presence he was in that night or that early morning about his condition as far as the use of alcohol, you haven’t spoken with any of them or considered their accounts as to whether he exhibited any behavior that was abnormal during the night of the murders or the early morning after? DR. EISENSTEIN: Correct. STATE: Wouldn’t you find that helpful to know what other persons say, this is how he looked that night, in forming [your opinion that Brooks was unable to conform his conduct to the requirements of law]? DR. EISENSTEIN: Yes, that would have been helpful. STATE: Was it something you asked for and weren’t given, or something you just did not ask for? [[Image here]] DR. EISENSTEIN: I didn’t ask for it, no.”

   1 later decision quote this exact passage · from the majority
   e.g. & SC13-706 Lamar Z. Brooks v. State of Florida and Lamar Z. Brooks v. Julie L. Jones, etc.