59 So. 3d 82 - Franqui v. State’s Empirical Analysis

Citation profile

50 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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A successive rule B.851 motion may be denied without an evidentiary hearing if the records of the case conclusively show that the movant is entitled to no relief. See Fla. R.Crim. P. 3.851(f)(5)(B). This Court reviews the circuit court’s decision to summarily deny a successive rule 3.851 motion de novo, accepting the movant’s factual allegations as true to the extent they are not refuted by the record, and affirming the ruling if the record conclusively shows that the mov-ant is entitled to no relief.”

   2 later decisions quote this exact passage · from the majority
   e.g. Batista-Irizarry v. State · 154 So. 3d 341 - Johnny Shane Kormondy v. State of Florida

2. “[T]he defendant must demonstrate that (1) favorable evidence, either exculpatory or impeaching, (2) was willfully or inadvertently suppressed by the State, and (3) because the evidence was material, the defendant was prejudiced. Strickler v. Greene, 527 U.S. 263, 281-82 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999); Way v. State, 760 So.2d 903, 910 (Fla. 2000). To meet the materiality prong, the defendant must demonstrate “a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” Way, 760 So.2d at 913 (quoting United States v. Bagley, 473 U.S. [667,] 682 105 S.Ct. 3375 , [ 87 L.Ed.2d 481 ] [ (1985)) ]. A reasonable probability is a probability sufficient to undermine this Court’s confidence in the outcome. Id.; see also Strickler, 527 U.S. at 290 , 119 S.Ct. 1936 . However, in making this determination, a court cannot “simply discount ] the inculpatory evidence in light of the undisclosed evidence and deter-min[e] if the remaining evidence is sufficient.” Franqui v. State, 59 So.3d 82, 102 (Fla. 2011). “It is the net effect of the evidence that must be assessed.” Jones v. State, 709 So.2d 512, 521 (Fla. 1998).”

   1 later decision quote this exact passage · from the majority
   e.g. John F. Mosley v. State of Florida & SC14-2108 John F. Mosley v. Julie L. Jones, etc.

3. “As used in this section, the term “mental retardation” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the period from conception to age 18. The term “significantly subaverage general intellectual functioning,” for the purpose of this section, means performance that is two or more standard deviations from the mean score on a standardized intelligence test specified in the rules of the Agency for Persons with Disabilities. The term “adaptive behavior,” for the purpose of this definition, means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of his or her age, cultural group, and community.”

   1 later decision quote this exact passage · from the majority
   e.g. & SC15-1630 Leonardo Franqui v. State of Florida & Leonardo Franqui v. State of Florida