Evans v. State’s Empirical Analysis

Citation profile

3 federal appellate · 16 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Evans has failed to establish prejudice because the mitigation evidence he presented at the evidentiary hearing would likely have been more harmful than helpful. “An ineffective assistance claim does not arise from the failure to present mitigation evidence where that evidence presents a double-edged sword.” Reed v. State, 875 So.2d 415 , 437 (Fla.2004). While the testimony presented at the evidentiary hearing established that Evans suffered from mental health problems, it also displayed a long history of behavioral problems and escalating violence throughout his school career. Presenting this evidence at the penalty phase would have resulted in the jury hearing about Evans’ aggression towards students and teachers, his aggression towards police officers, his pride in being known as a “jack-boy” because he robs drug dealers, and his habit of carrying a gun. It is just as likely that this evidence would have been more “aggravating” than mitigating. See Reed, 875 So.2d at 436-37 (denying ineffective assistance claim because “even if [defense] counsel had ... investigated further, the testimony that could have been presented was just as likely to have resulted in aggravation against rather than mitigation for [the defendant]”).”

   3 later decisions quote this exact passage · from the majority
   e.g. Evans v. Secretary, Department of Corrections · Evans v. Secretary, Department of Corrections

2. “Evans presented evidence of a troubled childhood. He presented his school and medical records, which demonstrated that he was hit by a car and was diagnosed with a closedhead injury at the age of three. [FN 9] His mother, Lilly, and his aunt, Sandra, witnessed the accident and testified that he stopped breathing for at least a minute after it occurred. They also testified that his speech and language patterns changed, and he began to stutter. In addition, Evans’[s] life at home was difficult. His father died when he was young, and he grew up with a mother who was addicted to crack cocaine and a stepfather who was abusive. As a result of his stuttering and difficulties at home, Evans was frequently picked on and beaten up by neighborhood children. He eventually retaliated and started fighting frequently. Lilly testified that his temper “became pretty quick.” Evans’[s] brother, Oren, testified that Evans was very aggressive and recalled instances of Evans throwing rocks at a police officer. FN9. Evans’[s] injury is noted in his school records because Evans’ mother relayed the incident to a school social worker during one of Evans’[s] evaluations. Evans’[s] school records showed a history of speech and learning disabilities, as well as escalating behavioral problems due to anger and aggression. In elementary school, Evans was placed in a class for children with learning disabilities and received speech therapy. While Evans’[s] IQ tested in the normal range, disparities between h”

   1 later decision quote this exact passage · from the majority
   e.g. Evans v. Secretary, Department of Corrections

3. “The Court finds that [trial counsel] was not ineffective for failing to retain an expert witness to present evidence of brain damage suffered by Mr. Evans, in support of mitigation that Mr. Evans was under the influence of extreme mental or emotional disturbance at the time of the offense. Based on the testimony of [the state’s expert], the Court finds that any brain damage suffered by [Mr. Evans] was minimal and did not support a conclusion he had an impulse control disorder. The Court also finds that defense counsel was not ineffective for failing to investigate and present evidence in support of statutory mitigation that Mr. Evans[’s] capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired at the time of the offense. The defense experts’ conclusions concerning [Mr. Evans’s] mental state were completely rebutted by the State’s expert.”

   1 later decision quote this exact passage · from the majority
   e.g. Evans v. Secretary, Department of Corrections