807 So. 2d 55 - Bruno v. State’s Empirical Analysis

Citation profile

65 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The standard of review for a trial court's ruling on an ineffectiveness claim also is two-pronged: The appellate court must defer to the trial court's findings on factual issues but must review the court's ultimate conclusions on the [performance] and prejudice prongs de novo.”

   10 later decisions quote this exact passage · from the majority
   e.g. State v. Lewis · Washington v. State

2. “A claim of trial court error generally can be raised on direct appeal but not in a rule 3.850 motion....”

   6 later decisions quote this exact passage · from the majority
   e.g. 59 So. 3d 82 - Franqui v. State · 941 So. 2d 1073 - Ponticelli v. State

3. “Whereas the main question on direct appeal is whether the trial court erred, the main question in a Strickland claim is whether trial counsel was ineffective. Both claims may arise from the same underlying facts, but the claims themselves are distinct and — of necessity— have different remedies: A claim of trial court error generally can be raised on direct appeal but not in a rule 3.850 motion, and a claim of ineffectiveness generally can be raised in a rule 3.850 motion but not on direct appeal. A defendant thus has little choice: As a rule, he or she can only raise an ineffectiveness claim via a rule 3.850 motion, even if the same underlying facts also supported, or could have supported, a claim of error on direct appeal.”

   5 later decisions quote this exact passage · from the majority
   e.g. 12 So. 3d 734 - Duest v. State · 102 So. 3d 763 - Clarke v. State