558 So. 2d 422 - Correll v. Dugger’s Empirical Analysis

Citation profile

18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Specifically, Correll asserts that counsel knew or should have known that he had a lifetime history of heavy drug and alcohol usage but failed to introduce such evidence at the penalty phase. He also contends that trial counsel should have introduced available evidence of a deprived childhood. There is no doubt that counsel was aware of Correll’s prior drug and alcohol usage. In fact, Correll testified that he had used alcohol and various kinds of drugs often, though not on a regular basis, throughout his adult life. Correll now submits affidavits from friends which recite the frequent use of an assortment of drugs and argues that counsel was ineffective for failing to present these witnesses. In response, the state points out that there was no evidence of any drug usage or excessive drinking the night of the murders. The state further points out that Correll told Dr. Pollack, the psychiatrist who examined him prior to trial, that he used alcohol several times a week and that he had experimented with various drugs, though not on a regular basis. Dr. Pollack concluded that he was not legally insane, that he did not suffer from brain damage, and that neither of the statutory mental mitigating circumstances was applicable. Thus, the state suggests that it was reasonable for trial counsel not to try to portray Correll as a heavy drug user but rather as a person who was good to his mother and brothers and one who had found religion and who was unlikely to be dangerous in the futur”

   1 later decision quote this exact passage · from the majority
   e.g. 932 F. Supp. 2d 1257 - Correll v. Secretary, Department of Corrections

2. “In the appeal from the denial of the motion for post-conviction relief, Correll makes two arguments that merit discussion. Correll’s second argument is that he did not receive a professionally competent mental health evaluation. He refers to reports of three mental health practitioners who have recently examined him and who find that he suffers from serious mental defects or brain damage as a result of his excessive use of drugs. The fact that Correll has now obtained psychiatric opinions which seriously question his mental capacity does not mean that he is entitled to a new penalty hearing. Correll’s attorney had specifically alerted Dr. Pollack to Correll’s pri- or drug and alcohol use, and Dr. Pollack explored this area with Correll. Dr. Pollack explicitly concluded that Correll had no brain damage. Correll’s reliance upon State v. Sireci, 502 So.2d 1221 (Fla.1987), and Mason v. State, 489 So.2d 734 (Fla.1986), is misplaced. In Mason , the defendant had been treated for mental retardation, had been held jn a psychiatric ward, and had been the subject of a Baker Act petition for involuntary commitment. In Sireci , the defendant had suffered organic brain damage as a ■ result of an automobile accident which left him in a coma for two weeks and with right side facial paralysis. See State v. Sireci, 536 So.2d 231 (Fla.1988). There is no assertion that Correll had ever received prior mental health treatment. 4 We reject Correll’s claim that he did not receive an adequate mental”

   1 later decision quote this exact passage · from the majority
   e.g. 932 F. Supp. 2d 1257 - Correll v. Secretary, Department of Corrections

3. “were or should have been raised on direct appeal.” . Henestofel’s tires were slashed outside the ABC Lounge on the night of the murders. Henestofel testified for the prosecution that five days before the murders Correll stated that Susan could not hide because he (Correll) still had a key to the house. See earlier discussion at footnote 10. . Mr. Henestofel's deposition also reveals that the lock might not have been changed in the “Florida room,” which is the room in which Correll stayed when he lived in the house and the room for which Correll allegedly still possessed a key. . Smith's knowledge about facts of the crime scene that were not reported in the newspaper supports Smith's representation that Correll revealed this information to him rather than Smith’s reading articles in the newspaper. In his deposition, Smith testified that Correll complained that a newspaper article was wrong about the location of his fingerprints adjacent to the thermostat. The newspaper articles (Respondent's Exhibit XXXIV) never reveal the location of the thermostat. In his deposition Smith correctly identified the location of the thermostat inside the house and the location of Correll's bloody fingerprints in relation to the thermostat. (Respondent’s Exhibit XXVII at 3715) . In his deposition Smith represented that Correll intended to use the knife "if things looked real bad and he had to escape.”

   1 later decision quote this exact passage · from the majority
   e.g. 932 F. Supp. 2d 1257 - Correll v. Secretary, Department of Corrections