State v. Pearce’s Empirical Analysis
2008
Citation profile
1 federal appellate · 12 state decisions
Relationships
Relies on Strickland v. Washington · 615 So. 2d 688 - Spencer v. State · 490 So. 2d 927 - Maxwell v. Wainwright · 702 So. 2d 1250 - Blanco v. State · 675 So. 2d 567 - Rose 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.
“an attorney’s obligation to investigate and prepare for the penalty portion of a capital case cannot be overstated because this is an integral part of a capital case. See State v. Lewis, 838 So.2d 1102, 1113 (Fla.2002) (citing Rose [v. State ], 675 So.2d 567 [ (Fla.1996) ] (holding that an attorney’s failure to conduct a reasonable investigation for possible mitigating evidence may render counsel’s assistance ineffective)). Although a defendant may waive mitigation, he should not do so blindly. Counsel must first investigate and advise the defendant so that the defendant reasonably understands what is being waived and reasonably understands the ramifications of a waiver. The defendant must be able to make an informed, intelligent decision.”
1 later decision quote this exact passage · from the majority“[I]n ineffective assistance of counsel claims two requirements must be satisfied: (1) the claimant must identify a particular act or omission of the lawyer that is outside the broad range of reasonably competent performance under prevailing professional standards, and (2) the clear, substantial deficiency shown must further be shown to have affected the fairness and reliability of the proceeding so that confidence in the outcome is undermined. As to the first prong, the defendant must establish that counsel made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment. There is a strong presumption that trial counsel’s performance was not ineffective.”
1 later decision quote this exact passage · from the majority
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.