886 So. 2d 704 - Mitchell v. State’s Empirical Analysis

Citation profile

1 federal appellate · 5 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The State is correct in its assertion that a defendant is not entitled to formal notice of the aggravating circumstances to be employed by the prosecution and that an indictment for capital murder puts a defendant on sufficient notice that the statutory aggravating factors will be used against him.”

   2 later decisions quote this exact passage
   e.g. 954 So. 2d 968 - Ross v. State · Bennett v. State

2. “a defendant has no right to a change of venue to a jurisdiction with certain racial demographics.”

   2 later decisions quote this exact passage
   e.g. 945 So. 2d 326 - Howard v. State · 934 So. 2d 983 - Haynes v. State

3. “show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adver sary process that renders the result unreliable.”

   1 later decision quote this exact passage
   e.g. Mitchell v. Epps