895 So. 2d 1122 - Hill v. State’s Empirical Analysis

Citation profile

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

1. “We recognize that the Florida Supreme Court noted in State v. Leroux, 689 So.2d 235, 237 (Fla.1996), that "[t]here may also be a difference between a `promise' as commonly understood, and an attorney's expert advice to his client. . . . Supplying such advice is not necessarily a promise of an outcome." We conclude, however, that there is a significant difference between claims of misadvice of counsel as to gain time, release dates, or similar matters, and claims of misadvice as to the potential sentence that the court may impose following the plea. The issue in Leroux involved a claim concerning counsel's advice as to the estimated time for the defendant's release from prison. Here, the sentence to be imposed is the primary remaining matter directly before the court at the time of the plea and is patently the subject under inquiry when the defendant is asked whether anyone has made any promises or guarantees in reference to his plea. This view is supported by the court in Leroux explicitly distinguishing Pierce v. State, 318 So.2d 501 (Fla. 1st DCA 1975), and Garcia v. State, 228 So.2d 300 (Fla. 3d DCA 1969).”

   1 later decision quote this exact passage
   e.g. 965 So. 2d 857 - Pease v. State