895 So. 2d 441 - Green v. State’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “); Curiel v. State, 795 So.2d 180 (Fla. 3d DCA 2001) (placing a detainer on the incarcerated movant was not a”

   2 later decisions quote this exact passage
   e.g. 960 So. 2d 803 - State v. Gaston · 944 So. 2d 208 - State v. Green

2. “It does not seem to us that the term "threat of deportation" in Peart v. State, 756 So.2d 42, 44 (Fla.2000), was used in the sense the State argues. We readily admit that the actual commencement of proceedings by the INS eliminates any speculation about the actuality of being deported. But the commencement of legal proceedings to deport does more than merely threaten deportation. Actually commencing procedures to expel an alien indicates that deportation from the United States has moved beyond any mere threat and has instead become reality. And therein lies the distinction underscored by Peart's reliance on threaten to show prejudice. . . . . In sum, we think defendant made out a prima facie case of prejudice under Peart . . . . In fact he has done more than allege a mere possibility. He has suggested proof that he will now actually be deported as a direct result of a plea that he never would have made if he had known the legal consequences. . . . [H]e is entitled to an evidentiary hearing to make his case.”

   1 later decision quote this exact passage
   e.g. 944 So. 2d 208 - State v. Green

3. “that they were `threatened' with deportation because of the plea, and that had they known of the possible consequence they would not have entered the plea.”

   1 later decision quote this exact passage
   e.g. 944 So. 2d 208 - State v. Green