534 So. 2d 386 - Bertolotti v. State’s Empirical Analysis

Citation profile

2 federal appellate · 15 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Contrary to trial counsel's belated contention, the record reflects that the defense elected a strategy to obtain a not guilty verdict based on lack of identity. Since intoxication would not have been a defense to felony murder based on the underlying felony of sexual battery (an offense for which Jennings was also convicted), this appears to have been sound strategy. Having failed in his "lack of identity" defense, Jennings is now asking this court for relief not requested from the jury. It cannot be said that the defense strategy to seek acquittal on the basis of insufficient identity rather than raise the defense of intoxication was negligence as a matter of law. After all, the most damning evidence, Jennings' confession, had been suppressed and the trial was being conducted over three hundred miles and seven years from the murder. On the other hand, the strongest evidence of intoxication, even if a viable defense, would have to be weighed against the mental alertness and physical dexterity evident in the planning and execution of this murder. It cannot be said that defense counsel failed to present an "intelligent and knowledgeable defense." And the record refutes the contention that defense counsel failed to investigate appropriate witnesses. Aside from Slocum which was discussed earlier, lets look at the allegations: (a) Defense counsel failed to contact Annis Music to see what knowledge she had about the level of Jennings' intoxication. It should be noted that her pres”

   1 later decision quote this exact passage · from the majority
   e.g. 583 So. 2d 316 - Jennings v. State

2. “As recognized by the United States Supreme Court, where a defendant’s mental condition is in question, “without the assistance of a mental health expert ... the risk of an inaccurate resolution of sanity issues is extremely high.” 105 S.Ct. at 1096. The trial court’s conclusion that defense counsel “had no reason to doubt Bertolotti’s sanity in any respect” is not supported by the testimony and other evidence adduced at the 3.850 hearing. Considering only these factors which the public defender’s office was aware of prior to trial, it is apparent that defense counsel had reason to question Bertolotti’s sanity at the time of the offense.”

   1 later decision quote this exact passage · from the majority
   e.g. Bertolotti v. Dugger

3. “[I]n evaluating whether a lawyer's performance falls outside the wide range of professionally competent assistance "courts are required to (a) make every effort to eliminate the distorting effects of hindsight by evaluating the performance from counsel's perspective at the time, and (b) indulge a strong presumption that counsel has rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment with the burden on claimant to show otherwise." Quoting Blanco v. Wainwright, 507 So.2d 1377, 1381 (Fla. 1987).”

   1 later decision quote this exact passage · from the majority
   e.g. 583 So. 2d 316 - Jennings v. State