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← 903 SO2D 367 - Cira v. Dillinger

Cira v. Dillinger’s Empirical Analysis

2005

Citation profile

6
cited by 6 later decisions
2
states following
July 2017
most recently cited

6 state decisions

Relationships

Relies on 760 So. 2d 126 - Volusia County v. Aberdeen at Ormond Beach · 25 Cal. 4th 1194 - Coscia v. McKenna & Cuneo · 747 So. 2d 931 - Steele v. Kehoe · 728 So. 2d 192 - Davis v. State · 255 So. 2d 675 - Chesebrough v. State

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

  1. ““We begin by noting that the relief available on the reversal of a conviction on direct appeal or on the entry of an order for postconviction relief is highly variable. A reversal of a conviction on appeal or a successful motion for postconviction relief may occasionally result in a dismissal of all pending charges. However, far more common results include the grant of a new trial or an order for resentencing. Following the grant of a new trial, the defendant may be acquitted or convicted again on the same or lesser charges after a second trial. In some instances, the prosecutor may decline to try the case again and nolle prosequi the charges. Or, as in this case, the defendant may plead nolo contendere or guilty to the same or lesser charges and be sentenced again. As a result, the consequences stemming from the reversal of a conviction on direct appeal or the entiy of an order for postconviction relief are often indeterminate. Absent an order of dismissal, the pending criminal charges cannot be finally disposed of until further proceedings are held. “It follows that the reversal of a conviction on direct appeal or the entiy of an order for postconviction relief does not necessarily result in the exoneration of a criminal defendant. To ‘exonerate’ means ‘[t]o free from blame; to exculpate; also, to relieve from the blame or burden of; to relieve or set free from (blame, reproach).’ V The Oxford English Dictionary 548 (2d ed. 1989). The reversal of a conviction on direct appe”
    1 later decision quote this exact passage
  2. ““has three elements: (1) the attorney’s employment, (2) the attorney’s neglect of a reasonable duty, and (3) the attorney’s negligence [as] the proximate cause of the client’s loss.” Cira v. Dillinger, 903 So.2d 367 (Fla. 2d DCA 2005).”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.