965 So. 2d 48 - Bell v. State’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A lawyer suffers from an actual conflict of interest when he or she “actively rep-resentes] conflicting interests.” Cuyler, 446 U.S. at 350 [ 100 S.Ct. 1708 ]. To demonstrate an actual conflict, the defendant must identify specific evidence in the record that suggests that his or her interests were compromised. See Herring v. State, 730 So.2d 1264, 1267 (Fla.1998). A possible, speculative or merely hypothetical conflict is “insufficient to impugn a criminal conviction.” Cuyler, 446 U.S. at 350 [ 100 S.Ct. 1708 ].”

   2 later decisions quote this exact passage · from the majority
   e.g. 969 So. 2d 430 - Alessi v. State · 109 So. 3d 680 - Dennis v. State

2. “there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.”

   1 later decision quote this exact passage · from the majority
   e.g. 995 So. 2d 233 - Morton v. State

3. “In a direct appeal review, there is no prejudice prong consideration like there is in consideration of a claim of ineffective assistance of counsel in a postconviction claim under Strickland .”

   1 later decision quote this exact passage · from the majority
   e.g. 994 So. 2d 1000 - Williamson v. State