Sorgman v. State’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A defendant alleging ineffective assistance of counsel must first allege a specific omission or overt act upon which his claim is based and such allegations must be in sufficient detail to apprise the court of the names of the witnesses, the substance of their testimony, and how the omission prejudiced the outcome of the trial. (citation omitted) Among the specific acts or omissions of counsel which appellant asserts to prove counsel's ineffectiveness are counsel's failure to interview and call witnesses appellant told counsel about who may have been able to cast doubt on appellant's guilt and counsel's failure to conduct an adequate pre-trial investigation by deposing prospective witnesses including the alleged victim of the kidnapping for which appellant was convicted.”

   1 later decision quote this exact passage · from the majority
   e.g. 617 So. 2d 825 - Highsmith v. State

2. “the failure to call witnesses can constitute ineffective assistance of counsel if the witnesses may have been able to cast doubt on the defendant's guilt, and the defendant states in his motion the witnesses' names and the substance of their testimony, and explains how the omission prejudiced the outcome of the trial.”

   1 later decision quote this exact passage · from the majority
   e.g. 715 So. 2d 1075 - Marrow v. State