456 So. 2d 424 - Dobbert v. State’s Empirical Analysis
1984
Citation profile
9 state decisions
How this case has been cited
Cited by 11 later decisions (1 by the Supreme Court) — most recently February 2008
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Chapman v. State of California · Engle v. Isaac · Gardner v. Florida · Dobbert v. Florida
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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 mer its. 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 .”
1 later decision quote this exact passage“[Tjhis Court has dealt with this issue at length in its 102 page order issued May 1, 1984. This Court finds that there is not justifiable excuse for not having raised all the factual allegations to support his legal challenge to the competency of his trial counsel in his previous Motion for Post Conviction Relief. Under the case law in Florida, petitioner is not permitted to litigate facts in a piecemeal fashion in order to continually reargue a legal claim which has not been decided against him in previous litigation. Sullivan v. State, 441 So.2d 609, 612 (Fla.1983), Slattery v. State, 433 So.2d 615 (Fla.3d DCA 1983).”
1 later decision quote this exact passage“While the evidence presented without his testimony was adequate to convict of second-degree murder, young Dobbert's testimony supplied the sole basis for finding premeditation. There is no doubt that Dobbert inflicted injuries that caused the death of his daughter, but only through the trial testimony of young Dobbert is there evidence of his intent to cause that death.”
1 later decision quote this exact passage · from the dissent
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.