88 So. 3d 85 - Barwick v. State’s Empirical Analysis

Citation profile

2 federal appellate · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To demonstrate a Giglio violation, a defendant must prove that (1) the prosecutor presented or failed to correct false testimony; (2) the prosecutor knew the testimony was false; and (3) the false evidence was material. Taylor v. State, 62 So.3d 1101 (Fla.2011); Guzman v. State, 941 So.2d 1045 , 1050 (Fla.2006). “Once the first two prongs are established, the false evidence is deemed material if there is any reasonable possibility that it could have affected the jury’s verdict.” Davis v. State, 26 So.3d 519 , 532 (Fla.2009), cert. denied, [561] U.S. [1029], 130 S.Ct. 3509 , 177 L.Ed.2d 1097 (2010). A Giglio claim also presents a mixed question of law and fact, and a reviewing court will defer to the lower court’s factual findings if they are supported by competent, substantial evidence, but will review the court’s application of law to facts de novo. Sochor v. State, 883 So.2d 766 , 785 (Fla.2004).”

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

2. “Appellate counsel’s ineffectiveness is properly raised in a petition for writ of habeas corpus. See Freeman v. State, 761 So.2d 1055, 1069 (Fla.2000). In order to grant habeas relief on the basis of ineffectiveness of appellate counsel, this Court must determine whether the alleged omissions are of such magnitude as to constitute a serious error or substantial deficiency falling measurably outside the range of professionally acceptable performance and, second, whether the deficiency in performance compromised the appellate process to such a degree as to undermine confidence in the correctness of the result.”

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