821 So. 2d 364 - Brazeail v. State’s Empirical Analysis

Citation profile

27 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. “[t]he law of Florida has long recognized that a plea of guilty or nolo contendere may be vacated when the defendant has entered his plea as a result of mistaken advice by defense counsel as to the consequences of a plea”

   2 later decisions quote this exact passage
   e.g. State v. Yeomans · 965 So. 2d 352 - RUAN v. State

2. “in their decisions. Id. Thomas v. Lockhart, 738 F.2d 304 (8th Cir.1984), and United States v. Gavilan, 761 F.2d 226 (5th Cir.1985), were cited as examples of such decisions. These federal appeals court decisions in turn make it clear that the relevant inquiry for purposes of a Strickland prejudice analysis in conjunction with a motion to withdraw a plea because of attorney incompetence is whether the outcome of the”

   1 later decision quote this exact passage
   e.g. 874 So. 2d 1176 - Grosvenor v. State

3. “[Tjhere is a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial ... The critical inquiry, therefore, is not whether the defendant would have ultimately fared better had he not entered his plea ... the proper inquiry is instead whether he would have entered the plea had he been competently advised by his counsel.”

   1 later decision quote this exact passage
   e.g. Spargo v. State