441 So. 2d 609 - Sullivan v. State’s Empirical Analysis

Citation profile

25 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “when it is based on grounds that have been raised in prior post-conviction motions and have been decided adversely to the movant on their merits. Sullivan's claim of ineffective assistance of counsel was clearly raised in his previous motion and was decided against him on the merits. The fact that he may raise somewhat different facts to support his legal claim does not compel a different result. The Third District reached this same conclusion in Slattery v. State, 433 So.2d 615 (Fla. 3d DCA 1983). Therein Slattery sought to set aside his conviction and sentence on the basis of a claim of ineffective assistance of counsel and that his guilty plea was coerced. The district court determined that these allegations had been raised in a prior motion and had been properly denied by the trial court. The district court correctly concluded: "In his second motion the appellant has raised different facts to support his allegation of ineffective assistance of counsel which are not permitted under existing Fla.R.Crim.P. 3.850. Therefore the order denying the appellant's motion is appropriate... ." 433 So.2d at 616 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 593 F. Supp. 1418 - Dobbert v. Wainwright · 456 So. 2d 424 - Dobbert v. State

2. “Defendants whose sentences of death have been affirmed cannot challenge their sentences again and again each time the death sentences of a later convicted murderer is reduced to life imprisonment.”

   2 later decisions quote this exact passage · from the majority
   e.g. 559 So. 2d 201 - Porter v. Dugger · 604 So. 2d 465 - Scott v. Dugger

3. “Since the inception of the 'new' death penalty statute in 1972, this Court has engaged in a proportionality review of death cases to ensure rationality and consistency in the imposition of the death penalty.”

   1 later decision quote this exact passage · from the majority
   e.g. Pulley v. Harris