971 So. 2d 43 - Robitaille 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. “' "Under the doctrine of invited error, a defendant cannot by his own voluntary conduct invite error and then seek to profit thereby.”

   3 later decisions quote this exact passage
   e.g. Floyd v. State · Henderson v. State

2. ““The difficulty of reviewing claims of ineffective assistance of counsel on direct appeal, when those issues have not been developed on the record, was addressed by the United States Supreme Court in Massaro v. United States, 538 U.S. 500 , 123 S.Ct. 1690 , 155 L.Ed.2d 714 (2003). The United States Supreme Court stated: “ ‘When an ineffective-assistance claim is brought on direct appeal, appellate counsel and the court must proceed on a trial record not developed precisely for the object of litigating or preserving the claim and thus often incomplete or inadequate for this purpose. Under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), a defendant claiming ineffective counsel must show that counsel’s actions were not supported by a reasonable strategy and that the error was prejudicial. The evidence introduced at trial, however, will be devoted to issues of guilt or innocence, and the resulting record in many cases will not disclose the facts necessary to decide either prong of the Strickland analysis. If the alleged error is one of commission, the record may reflect the action taken by counsel but not the reasons for it. The appellate court may have no way of knowing whether a seemingly unusual or misguided action by counsel had a sound strategic motive or was taken because the counsel’s alternatives were even worse. See Guinan [v. United States, 6 F.3d 468 (7th Cir.1993)], at 473 (Easterbrook, J., concurring) (“No matter how odd or deficient ”

   2 later decisions quote this exact passage
   e.g. 20 So. 3d 830 - Marshall v. State · 62 So. 3d 1050 - Martin v. State

3. ““ ‘[T]he failure to interview or take the depositions of the State’s witnesses for impeachment purposes is not prejudicial per se. See McCleskey v. Kemp, 753 F.2d 877, 900 (11th Cir.1985) (en banc) (holding no prejudice shown where attorney failed to interview two of State’s witnesses and potential defense witnesses); Boykins v. Wainwright, 737 F.2d 1539, 1543 (11th Cir.1984) (holding no prejudice shown where attorney failed to interview prosecution’s expert witnesses), cert, denied, [470] U.S. [1059], 105 S.Ct. 1775 , 84 L.Ed.2d 834 (1985); Solomon v. Kemp, 735 F.2d 395, 402 (11th Cir.1984) (holding no prejudice shown where attorney failed to talk to all of the State’s witnesses and did not seek funds for an investigator), cert. denied, [469] U.S. [1181], 105 S.Ct. 940 , 83 L.Ed.2d 952 (1985).'””

   2 later decisions quote this exact passage · from the concurrence
   e.g. Daniel v. State · 44 So. 3d 1145 - Lee v. State