985 So. 2d 646 - Balmori v. State’s Empirical Analysis
2008
Citation profile
13
cited by 13 later decisions
1
states following
February 2019
most recently cited
13 state decisions
Relationships
Relies on Strickland v. Washington · 768 So. 2d 1037 - Occhicone v. State · 490 So. 2d 927 - Maxwell v. Wainwright · 808 So. 2d 175 - Floyd v. State · Whitfield v. State
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a postconviction court summarily denies a defendant's motion without an evidentiary hearing, an appellate court 'must accept a defendant's factual allegations as true to the extent they are not refuted by the record.'”
3 later decisions quote this exact passage“We find that, taking all of the allegations in claims three and five of Mr. Balmori’s postconviction motion as true where not refuted by the record, providing independent business records would have corroborated his claims that he drove to Miami for a legitimate reason and that others had access to his vehicle immediately before the trip. To be sure, this documentary evidence may have been duplicative of the content of Mr. Balmo-ri’s testimony, but it was not duplicative of its evidentiary value. Instead, the force of this evidence would have been incremental in value to Mr. Balmori’s testimony. Similarly, the testimony of the witnesses who were not interviewed or called to testify by counsel — especially where they were independent of Mr. Balmori — would likely have incrementally increased his credibility with the jury.”
1 later decision quote this exact passage“could possibly have provided the incremental amount of reasonable doubt necessary to win an acquittal”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.