887 So. 2d 1214 - Bates v. State’s Empirical Analysis

Citation profile

31 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “conclude[d] that allegations of affirmative misadvice by trial counsel on the sentence-enhancing consequences of a defendant's plea for future criminal behavior in an otherwise facially sufficient motion are not cognizable as an ineffective assistance of counsel claim.”

   3 later decisions quote this exact passage · from the majority
   e.g. Ey v. State · State v. Dickey

2. “Bates never would have been sentenced as a habitual offender had he not decided to commit another felony [after he entered his plea]. His counsel's advice, wrong though it was, would not have affected him at all.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Ey v. State · State v. Dickey

3. “a fundamental difference exists between incorrect advice about collateral consequences of a plea such as deportation and loss of employment and incorrect advice about future crimes. In the former cases, the consequences, while collateral to the conviction, are immediate, result directly from the plea at issue, and occur regardless of the defendant's future conduct. When the consequence is a sentence enhancement for a future crime, however, it is contingent on the commission of another felony, which may never occur. It is the defendant's decision to commit another felony, not the wrong advice, that produces the enhanced sentence.”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Dickey