492 So. 2d 444 - Keith v. State’s Empirical Analysis

Citation profile

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

1. “The test for determining whether a defendant’s counsel has been ineffective is stated by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and by the Florida Supreme Court in Knight v. State, 394 So.2d 997 (Fla.1981). These cases are in agreement and state that a defendant must show there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. The first step in carrying this burden is for the defendant to detail in an appropriate pleading the specific omission or overt act upon which the claim of ineffective assistance of counsel is based_ Without this detail it is impossible to determine whether the public defender’s conduct was deficient, and if so, whether it affected the outcome of the sentencing proceeding.”

   1 later decision quote this exact passage
   e.g. 676 So. 2d 61 - Miller v. State