43 So. 3d 20 - Nelson v. State’s Empirical Analysis

Citation profile

23 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[A] petitioner raising a substantive claim of incompetency is entitled to no presumption of incompetency and must demonstrate his or her incompetency by a preponderance of the evidence.” James v. Singletary, 957 F.2d 1562, 1571 (11th Cir.1992). “A defendant is considered competent to stand trial if ‘he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and [if] he has a rational as well as factual understanding of the proceedings against him.’ ” Id. at 1574 (quoting Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)). “In order to make out his substantive incompetency claim, petitioner need not ... allege any error on the part of any state actor.” James, 957 F.2d at 1572 . “[A] petitioner is entitled to an evidentiary hearing on a substantive incompetency claim if he or she ‘presents dear and convincing evidence to create a real, substantial and legitimate doubt ’ as to his or her competency.” Id. at 1573 (quoting Fallada v. Dugger, 819 F.2d 1564 , 1568 n. 1 (11th Cir.1987)).”

   2 later decisions quote this exact passage · from the majority
   e.g. Whitfield v. State · 124 So. 3d 904 - Barnes v. State