39 So. 3d 275 - Rodriguez v. State’s Empirical Analysis

Citation profile

1 federal appellate · 12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Sirvas admitted at the evidentiary hearing that Luis did not tell him any of the specifics about the case itself and that he did not even know the codefen-dant’s name. This testimony was directly contrary to some of the statements in his 1995 letter in which Sirvas alleged that Luis had told him “everything.” Because his actual testimony contradicted his letters, Sirvas’s credibility is questionable. More importantly, Sirvas’s testimony at the evidentiary hearing shows that Sirvas did not know the underlying facts of the case and who participated in the crime. Thus, Rodriguez would have been unable to show how Luis lied about Rodriguez’s involvement. When Sirvas was questioned during the evidentiary hearing, he was asked directly about why he stated in his letter that he believed Luis would lie. Sirvas responded, “You know, he was lying because, you know, he was testifying, the defendant because I don’t even know his name or who he was. But he told me that the State is helping me, you know, how do you call it? A charge, you know, if I testify against my codefendant. That’s why he was lying, you know.” At no point did Sirvas provide any testimony that sufficiently explained why Sirvas thought that Luis would lie. Both his letter and his testimony assumed that because Luis decided to plead guilty to a lesser charge in order to avoid the death penalty, Luis would lie. The jury was aware that Luis had entered a plea in order to avoid the death penalty.”

   1 later decision quote this exact passage · from the majority
   e.g. Rodriguez v. Secretary, Florida Department of Corrections

2. “competent, substantial evidence supported] the trial court’s factual findings. Luis’s recent testimony was contrary to his prior sworn statements at trial, and at times his testimony at the evidentiary hearing conflicted with other statements that he made during the hearing. Because Luis’s testimony was the primary support for this claim and his testimony was found to be not credible, Rodriguez is unable to establish the first prong of either a Brady violation or a Giglio violation. Further, even assuming the change of testimony that the police may have known about the sexual relations, the jury was already aware that Luis was being provided with special treatment and that the police knowingly permitted him to have some private time with his wife.”

   1 later decision quote this exact passage · from the majority
   e.g. Rodriguez v. Secretary, Florida Department of Corrections

3. “Other than vague, conclusory statements, Rodriguez failed to present any evidence to support [t]his claim. During the evidentiary hearing, Luis testified that he thought he would be receiving assistance in obtaining parole base'd on some conversations he had “behind closed doors.” No specifics of these conversations were provided. Luis’s lawyer also was unable to provide any details as to specific assistance that Luis was to be given if he testified against Rodriguez. Luis agreed at the [Rule 3.850] evidentiary hearing that the plea agreement expressly states that no promises were being made about his sentence. Because Rodriguez has failed to sufficiently support his allegation as to an undisclosed agreement, he is not entitled to relief.”

   1 later decision quote this exact passage · from the majority
   e.g. Rodriguez v. Secretary, Florida Department of Corrections