Rivera v. State’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Rivera was deprived of due process under Giglio[ v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972),] when the prosecution intentionally permitted false or misleading evidence to be presented to Rivera’s jury and used to obtain a conviction; (2) Rivera was deprived of his right to due process and other constitutional rights under Brady[ v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963),] because the State failed to disclose evidence which was material and exculpatory in nature or presented misleading evidence, or defense counsel unreasonably failed to discover and present exculpatory evidence, or new evidence establishes manifest injustice; (3) Rivera was denied a fair trial and postconviction proceedings due to the trial judge’s bias and predetermination of the issues; and (4) the results of DNA testing constitute newly discovered exculpatory evidence that, when considered with other evidence, establishes Rivera’s entitlement to a new trial.”

   1 later decision quote this exact passage · from the majority
   e.g. 187 So. 3d 822 - Michael T. Rivera v. State of Florida

2. “Rivera alleges that he did not have the plea offer to Zuccarello or other key State documents at the time of trial or during the prior postconviction proceedings. Since no evidentiary hearing has been held, we must accept these allegations as true to the extent they are not refuted by the record. See Peede v. State, 748 So.2d 253, 257 (Fla.1999). [[Image here]] While the State alleges that it complied with Rivera’s requests, the records of the prior proceedings do not clearly establish or identify what materials were turned over to Rivera. In fact, certain materials concerning Zuccarello appear to have been withheld. The records from the first postconviction proceedings suggest that Rivera’s efforts to discover information about Zuccarello were repeatedly avoided by the State through its limited responses to public records requests. Based on the record before us, the State has not sufficiently demonstrated that these claims are procedurally barred as successive.”

   1 later decision quote this exact passage · from the majority
   e.g. 187 So. 3d 822 - Michael T. Rivera v. State of Florida