969 So. 2d 294 - Lawrence v. State’s Empirical Analysis

Citation profile

1 federal appellate · 19 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. “In turning to the merits of this case, the postconviction court denied this claim as follows: In the instant case, Mr. Killam testified that based on his conversations with the Defendant and his experience that the Defendant was not having a “competency problem; he was having a bout with his conscience.” As such, Mr. Killam testified that based on his experience and what was observed during the penalty phase hearing he did not think the Defendant was incompetent thus there was no need for a competency evaluation. Ms. Stitt testified that after consultation with co-counsel it was determined that the Defendant was not hallucinating but he was experiencing flashbacks thus she did not request a competency hearing at that point. However, Ms. Stitt testified that in hindsight she would have requested a competency hearing. Hindsight analysis of what actions should have been taken is not the appropriate standard in determining deficiency, the question rests on what the circumstances were at the time that the particular decision was made. The decision not to seek a competency evaluation at the time of the alleged hallucination was based on counsels’ interaction with the Defendant, as discussed previously, his demeanor remained constant throughout the representation, discussions with the Defendant following the alleged hallucinations, and approximately 50 years of combined litigation experience. Therefore, the Court finds counsels’ decision not to request a competency hearing was based”

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

2. “THE COURT: Yes. Step up here. Describe to me what is going on. THE DEFENDANT: Mainly rather not be here when they hear, I guess my own voice on there. MS. STITT: Tell me what you told me about it being the voice of your brother. THE DEFENDANT: I’d just rather not hear it. MS. STITT: Just a minute ago you told me that you were hearing the voice of your brother, your dead brother. THE DEFENDANT: That’s what the tape sounds like. And I just don’t want to hear it. MS. STITT: And did you say anything to me about having visual hallucinations? THE DEFENDANT: When I was back out in the field and I don’t want to be out there. THE COURT: So what you are remembering is actually the event? THE DEFENDANT: Yes. THE COURT: What happened that night? THE DEFENDANT: Yes. THE COURT: As you are listening to your voice and it is being played you are reliving it in your mind, is that what you are talking about? THE DEFENDANT: Yes. THE COURT: But is it a true picture in your mind of what happened, is it just like a replay? THE DEFENDANT: Yes, sir. It is — it makes me real nervous and makes me sweat real bad. THE COURT: But you are not hearing other people’s voices or things that are not replaying? I am trying to distinguish between your replaying in your mind what happened in the past as opposed to real strange things going on? THE DEFENDANT: I can’t really explain it. THE COURT: Is it a replay of what happened? Is that what is troubling you or are you hearing other voices or— THE DEFENDANT: I don’”

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

3. ““the totality of the circumstances surrounding the plea, including such factors as whether a particular defense was likely to succeed at trial, the colloquy between the defendant and the trial court at the time of the plea, and the difference between the sentence imposed under the plea and the maximum possible sentence the defendant faced at a trial.””

   1 later decision quote this exact passage · from the majority
   e.g. Munroe v. State