995 So. 2d 933 - Evans v. State’s Empirical Analysis

Citation profile

1 federal appellate · 18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In his first issue on appeal, Evans asserts that his due process rights were violated when the trial court denied his motion for public records. Specifically, Evans sought the disclosure of a letter from Assistant State Attorney Lawrence Mirman sent to Diamond Litty and Mark Harllee, defense counsel from Evans’ trial, which purportedly contained responses to areas of questioning to be asked by postconviction counsel at the evidentiary hearing. Based on our deeision in Kearse v. State, 969 So.2d 976 (Fla.2007), we affirm the trial court’s denial. In Kearse, the assistant state attorney sent the defendant’s trial counsel, who was listed as both a State and defense witness at the evidentiary hearing, a letter in anticipation of the attorney’s testimony. The letter contained the state attorney’s “mental impressions” about the case and about the ineffective assistance claims that were raised in Kearse’s postconviction motion. Id. at 988-89. The trial court conducted an in-camera examination and ruled that, given the nature of the letter and the fact that counsel was listed as a witness for both parties, the letter was attorney work product exempt from disclosure. See id. at 988. We held that the letter “clearly fits within the exemption of attorney work product prepáred with regard to the ongoing postconviction proceedings” aiid affirmed the trial court’s decision. Id. at 989. Contrary to Evans’ contention that the letter went beyond mere witness preparation, the State is correct ”

   1 later decision quote this exact passage · from the majority
   e.g. & SC13-1787 Steven Douglas Hayward v. State of Florida and Steven Douglas Hayward v. Julie L. Jones, etc.

2. “Counsel also testified that he did not believe that any of these witnesses, who had credibility or other problems associated with their testimony, was worth giving up the "sandwich," i.e., losing the opportunity to give two closing arguments at the guilt phase. See Van Poyck v. State, 694 So.2d 686 , 697 (Fla. 1997) (concluding that there were tactical reasons for limiting the presentation of evidence that might indicate another person was the triggerman, such as losing the opportunity to give two closing arguments at the guilt phase); accord Reed, 875 So.2d at 430. The Legislature has since enacted section 918.19, Florida Statutes (2007), which provides that the State shall have opening and rebuttal closing arguments. In addition, this Court amended Florida Rule of Criminal Procedure 3.250 and adopted Florida Rule of Criminal Procedure 3.381, confirming that the State is entitled to opening and rebuttal closing arguments even if the defense presents no evidence at trial. In re Amendments to the Florida Rules of Criminal Procedure-Final Arguments, 957 So.2d 1164 , 1166-67 (Fla. 2007). However, when Evans was prosecuted in 1999, the defense was permitted to have both the opening and rebuttal closing arguments if it presented no evidence; thus, counsel’s decision to take this into consideration was reasonable at that time.”

   1 later decision quote this exact passage · from the majority
   e.g. Evans v. Secretary, Florida Department of Corrections

3. “In sum, counsel clearly made an informed decision about not presenting any witnesses during the guilt phase, which is exactly what he told the judge at the guilt phase: "After a year-and-a-half of consultation, followed by the last few minutes here, we’re going to rest Because the trial court’s findings are supported by competent substantial evidence and counsel’s decision not to present these witnesses was reasonable, we affirm the trial court's denial. Because counsel's failure to present these witnesses was not deficient, we do not address the prejudice prong of Strickland.”

   1 later decision quote this exact passage · from the majority
   e.g. Evans v. Secretary, Florida Department of Corrections