856 So. 2d 969 - Cooper v. State’s Empirical Analysis

Citation profile

2 federal appellate · 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The purpose of an appellate brief is to present arguments in support of the points on appeal. Merely making reference to arguments below without further elucidation does not suffice to preserve issues, and these claims are deemed to have been waived.”

   4 later decisions quote this exact passage · from the concurrence
   e.g. Kearse v. State · Whitfield v. State

2. “Cooper has chosen to contest the trial court's summary denial of various claims, by contending, without specific reference or supportive argument, that the `lower court erred in its summary denial of these claims.' We find speculative, unsupported argument of this type to be improper, and deny relief based thereon.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Kearse v. State · Whitfield v. State

3. “[T]he introduction of Cooper’s additional proffered evidence regarding his unfortunate and abused background does not constitute a “clear, substantial deficiency [which] so affected the fairness and reliability of the proceeding that confidence in the outcome is undermined.” First, a substantial part of the information regarding Cooper’s disadvantaged childhood was presented at Cooper’s trial. During Cooper’s penalty phase, Cooper’s mother testified that Cooper’s father was both violent and emotionally abusive to Cooper during his formative years. Thus, in large part, introduction of the evidence proffered below would have been repetitive. Also, the State persuasively established five significant aggravating factors at trial: (1) heinous, atrocious, or cruel; (2) cold, calculated, and premeditated; (3) murder committed to avoid arrest; (4) murder committed for pecuniary gain; and (5) commission of prior violent felonies. Although the introduction of the mitigating evidence identified by Cooper might have provided his penalty phase jury with a more extensive picture of his upbringing, Cooper has not shown that this evidence would have caused the jury to conclude that “the balance of aggravating and mitigating circumstances did not warrant death.” Thus, Cooper’s claim of ineffective assistance of counsel fails.”

   1 later decision quote this exact passage · from the majority
   e.g. Cooper v. Secretary, Department of Corrections