Cave v. Singletary’s Empirical Analysis

Citation profile

20 federal appellate · 10 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[S]tate court findings of fact can be inferred from its opinion and the record.”

   2 later decisions quote this exact passage · from the majority
   e.g. Watkins v. Rubenstein · Freund v. Butterworth

2. “Cave’s other argument — that counsel’s failure to object when the State elicited the nature of the past arrest constituted ineffective assistance — is more difficult, but we conclude that this too is without merit. Even if counsel’s performance in this respect was deficient, Cave is not entitled to relief because he has not demonstrated prejudice. Cave has not “show[n] that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the [penalty-phase] proceeding would have been different.” When asked about the prior arrest on direct examination, Cave made clear that the charge was “dropped” and he “was not guilty.” And after he revealed on cross-examination that the charge was rape, he reiterated that “not only [was that charge] dropped ... [it was] proven to be a false charge.” We recognize that Cave’s protestations of innocence may not have been all that convincing to the jury, but the fact remains that the court did find that the no-significant-history mitigator had been established, and the judge’s decision to accord it little weight did not rely on or even cite the past arrest. In fact, even the State conceded in closing argument that the no-significant-history mitigator had been established. And in arguing that the jury should assign little weight to that mitigator, the State never once mentioned the past arrest, let alone the nature of that arrest. Rather, the State argued that “this mitigating circum stance pales when compared with ”

   1 later decision quote this exact passage · from the majority
   e.g. Cave v. Secretary for DepartMent of Corrections

3. “However, despite [the prosecutor's] statement [in closing argument] and the lack of preparation on counsel's part, five jurors voted for a life sentencfe. In Florida, a vote of six jurors for life constitutes a recommendation against the death penalty. Thus, despite the presentation of no mitigating circumstances, [defendant] came within one vote of being spared execution. There is a reasonable probability that if [his counsel] had provided adequate representation, her client would not have received a death sentence. Competent counsel would have prepared for sentencing and would have produced witnesses that the district court found were ready and willing to testify for [defendant]. Even without this evidence the sentencing jury came within one vote of recommending life imprisonment. Petitioner has demon- . strated prejudice such that our confidence in the sentence of death is greatly undermined.”

   1 later decision quote this exact passage · from the majority
   e.g. Hardwick v. Crosby