Lukehart v. State’s Empirical Analysis

Citation profile

24 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Trial counsel is not deficient for failing to present additional testimony that would have informed the jury of negative information about the defendant.’ Windom v. State, 886 So.2d 915, 923 (Fla.2004) (citing Breedlove v. State, 692 So.2d 874, 878 (Fla.1997)). Additionally, trial counsel will not be found to have rendered deficient performance when trial counsel made a reasonable, strategic decision to not present mitigation testimony during the penalty phase that could open the door to other damaging testimony. See Davis v. State, 990 So.2d 459, 472 (Fla.2008) (quoting Gaskin v. State, 822 So.2d 1243, 1248 (Fla.2002)).””

   1 later decision quote this exact passage · from the majority
   e.g. 95 So. 3d 26 - Washington v. State

2. “Because both prongs of the Strickland [v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)] test present mixed questions of law and fact, this Court employs a mixed standard of review, deferring to the circuit court's factual findings that are supported by competent, substantial evidence, but reviewing the circuit court’s legal conclusions de novo.”); Berube v. State, 33 So.3d 102, 104 (Fla. 2d DCA 2010) (observing, in reversing denial of motion for postconviction relief, that”

   1 later decision quote this exact passage · from the majority
   e.g. Floyd v. State

3. “[D]iminished capacity is not a viable defense in Florida.”

   1 later decision quote this exact passage · from the majority
   e.g. 272 So. 3d 1210 - In Re: Standard Jury Instructions in Criminal Cases-Report 2018-13.