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← 699 So. 2d 1366 - McCray v. State

699 So. 2d 1366 - McCray v. State’s Empirical Analysis

1997

Citation profile

78
cited by 78 later decisions
5
states following
May 2019
most recently cited

1 federal appellate · 76 state decisions

How this case has been cited

Cited by 78 later decisions — most recently May 2019 · most notably Webster v. Moore (2000), 801 So. 2d 906 - Downs v. Moore (2001)

1 federal appellate · 76 state decisions

460199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Costello v. United States · 416 So. 2d 804 - McCray v. State · 248 So. 2d 677 - Remp v. State · 698 So. 2d 1178 - Rogers v. Singletary · 425 So. 2d 618 - Smith v. Wainwright

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

  1. “[W]e conclude, as a matter of law, that any petition for a writ of habeas corpus claiming ineffective assistance of appellate counsel is presumed to be the result of an unreasonable delay and to prejudice the state if the petition has been filed more than five years from the date the petitioner's conviction became final. We further conclude that this initial presumption may be overcome only if the petitioner alleges under oath, with a specific factual basis, that the petitioner was affirmatively misled about the results of the appeal by counsel.”
    3 later decisions quote this exact passage
  2. “(b) Time Limitations. A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this rule if filed more than 2 years after the judgment and sentence become final in a noncapital case ... unless it alleges that (3) the defendant retained counsel to timely file a 3.850 motion and counsel, through neglect, failed to file the motion.”
    2 later decisions quote this exact passage
  3. “Generally, laches is a doctrine asserted as a defense, which "requires proof of (1) lack of diligence by the party against whom the defense is asserted, and (2) prejudice to the party asserting the defense."... As time goes by, records are destroyed, essential evidence may become tainted or disappear, memories of witnesses fade, and witnesses may die or be otherwise unavailable.”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.