460 So. 2d 886 - Clark v. State’s Empirical Analysis

Citation profile

1 federal appellate · 6 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. An appropriate pleading (Rule 3.850 Motion) must detail the specific omission or overt act on which the claim is made. 2. The defendant has the burden to show that the specific omission or overt act was a deficiency in performance below that of competent counsel judged by reasonableness under prevailing professional norms at the time of counsel’s conduct. 3. The defendant has the burden to show that there is a reasonable probability that but for the specific deficiency, the result of the proceeding would have been different. “A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Strickland , at 694. 4. Even if the defendant is able to establish a constitutional violation, the State may rebut by showing beyond a reasonable doubt that there was no prejudice in fact.”

   1 later decision quote this exact passage
   e.g. State v. Klaver

2. “When in any criminal case counsel for a defendant adjudged to be indigent or partially indigent, whether public defender or court appointed, shall have reason to believe that the defendant may be incompetent to stand trial or that he may have been insane at the time of the offense, he may so inform the court who shall appoint one expert to examine the defendant in order to assist his attorney in the preparation of his defense. Such expert shall report only to the attorney for the defendant and matters related to the expert shall be deemed to fall under the lawyer-client privilege.”

   1 later decision quote this exact passage
   e.g. 467 So. 2d 699 - Clark v. State