124 So. 3d 904 - Barnes v. State’s Empirical Analysis
2013
Citation profile
15
cited by 15 later decisions
1
cited 1 times by the Supreme Court
1
states following
July 2018
most recently cited
1 federal appellate · 12 state decisions
Relationships
Relies on Faretta v. California · Dusky v. United States · Pate v. Robinson · Ford v. Wainwright · Hunter v. State
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A defendant is normally entitled to an evidentiary hearing on a postconviction motion ‘unless (1) the motion, files, and records in the case conclusively show that the movant is entitled to no relief, or (2) the motion or particular claim is legally insufficient.’ ” Valentine v. State, 98 So.3d 44, 54 (Fla. 2012) (quoting Franqui v. State, 59 So.3d 82, 95 (Fla. 2011)). An evidentiary hearing must be held on an initial 3.851 motion whenever the movant makes a facially sufficient claim that requires factual de termination. See Amendments to Fla. Rules of Crim. Pro. 3.851, 3.852, & 3.993, 772 So.2d 488 , 491 n.2 (Fla. 2000). “[T]o the extent there is any question as to whether a rule 8.851 movant has made a facially sufficient claim requiring a factual determination, the Court will presume that an evidentiary hearing is required.” Walker v. State, 88 So.3d 128, 135 (Fla. 2012). However, merely conclu-sory allegations are not sufficient—the defendant bears the burden of “establishing a ‘prima facie case based on a legally valid claim.’ ” Valentine, 98 So.3d at 54 (quoting Franqui, 59 So.3d at 96 ). “To uphold the trial court’s summary denial of claims raised in an initial post-conviction motion, the record must conclusively demonstrate that the defendant is not entitled to relief.” Everett v. State, 54 So.3d 464, 485 (Fla. 2010). When reviewing the circuit court’s summary denial of an initial rule 3.851 motion, we will accept the movant’s factual allegations as true and will aff”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.