Hill v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a Coney issue is not preserved at trial, must a prisoner file a postconviction motion alleging under oath that he or she would not have exercised peremptory challenges in the same manner as his or her attorney?”

   2 later decisions quote this exact passage · from the concurrence
   e.g. 700 So. 2d 646 - Hill v. State · 695 So. 2d 1314 - Lee v. State

2. “Although I conclude that Mr. Hill has the right to raise the Coney issue, I do not believe he has the right to raise it on direct appeal. There is nothing in this record to suggest that Mr. Hill would have taken any action at the bench that would have affected the make-up of this jury. ... I assume a prisoner can raise this issue in a postconviction motion without the need to preserve it at trial. A prisoner may allege that his lawyer was ineffective by failing to read the advance sheets and advise the trial court of his client's newly announced right. On the other hand, I cannot conclude that the Coney issue is a per se error. See Scott v. State, 618 So.2d 1386 (Fla. 2d DCA 1993) (defendant's presence by video at arraignment is not per se error). Unlike a Neil [ [14] ] issue where a jury either includes someone who should have been dismissed or excludes someone who should not have been dismissed, the Coney issue does not automatically affect the make-up of the jury. Therefore, I conclude that Mr. Hill should be required to allege under oath and prove that he would have affected the make-up of his jury if he had been allowed to be physically present at the bench conference.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Carmichael v. State

3. “On what date was the Coney decision “announced”? [ 1 ]”

   1 later decision quote this exact passage · from the concurrence
   e.g. 700 So. 2d 646 - Hill v. State