23 Florida opinions name it 2 courts 2004–2022 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Occhicone v. Stategreen2 sentences2014Id. (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)). “[S]trategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel’s decision was reasonable under the norms of professional conduct.” Occhicone v. State, 768 So. 2d 1037, 1048 (Fla. 2000). 2014Id. (quoting Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158 , 100 L.Ed. 83 (1955)). “[Strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel’s decision was reasonable under the norms of professional conduct.” Occhicone v. State, 768 So.2d 1037,1048 (Fla.2000). | 3 | 3 |
Strickland v. Washingtongreen2 sentences2014“The defendant bears the burden to overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy.” McCoy, 113 So.3d at 707 (quoting Strickland, 466 U.S. at 689 , 104 S.Ct. 2052 ). 2014“The defendant bears the burden to overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy.” McCoy, 113 So. 3d at 707 (quoting Strickland, 466 U.S. at 689 ). | 2 | 14 |
Wright v. Stategreen2 sentences2011The statute does not, as Shelton implied, require the defendant to establish his innocence by proving a lack of knowledge, see Wright, 920 So.2d at 25 (explaining that section 893.101 “does not require the defendant to prove or disprove knowledge”); rather, the statute provides that if the defense is raised, the state has the burden to overcome the defense by proving beyond a reasonable doubt that the defendant knew of the illicit nature of the drugs. 2011The statute does not, as Shelton implied, require the defendant to establish his innocence by proving a lack of knowledge, see Wright, 920 So.2d at 25 (explaining that section 893.101 “does not require the defendant to prove or disprove knowledge”); rather, the statute provides that if the defense is raised, the state has the burden to overcome the defense by proving beyond a reasonable doubt that the defendant knew of the illicit nature of the drugs. | 2 | 2 |
State v. Duncangreen2 sentences2006See State v. Duncan, 894 So.2d 817, 823 (Fla.2004) (citing Strickland, 466 U.S. at 689 , 104 S.Ct. 2052 , and recognizing that "[t]he defendant alone carries the burden to overcome the presumption of effective assistance"). 2005Maxwell v. Wainwright, 490 So.2d 927, 932 (Fla.1986). . . . [Furthermore] [t]he defendant alone carries the burden to overcome the presumption of effective assistance: "[T]he defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" [ Strickland, 466 U.S. at 689-90 , 104 S.Ct. 2052 .] State v. Duncan, 894 So.2d 817, 823 (Fla. 2004), cert. denied, ___ U.S. ___, 126 S.Ct. 397 , 163 L.Ed.2d 275 (2005). | 2 | 2 |
Michel v. Louisianagreen2 sentences2010“A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Id. at 689 , 104 S.Ct. 2052 . *776 The defendant carries the burden to overcome the presumption that, under the circumstances, the challenged action “might be considered sound trial strategy.” Id. (quoting Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158 , 100 L.Ed. 88 (1955)). 2010“A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s challenged conduct, and to evaluate the conduct from counsel’s perspective at the time.” Id. at 689 , 104 S.Ct. 2052 . *776 The defendant carries the burden to overcome the presumption that, under the circumstances, the challenged action “might be considered sound trial strategy.” Id. (quoting Michel v. Louisiana, 350 U.S. 91, 101 , 76 S.Ct. 158 , 100 L.Ed. 88 (1955)). | 1 | 4 |
Nelson v. Stategreen1 sentence2018See Nelson v. State, 43 So. 3d 20, 28 (Fla. 2010) (“[T]he defendant carries the burden to overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy.”). b. | 1 | 1 |
State v. Adkinsgreen1 sentence2013Id. at 430 (Pariente, J., concurring in result). | 1 | 1 |
Pagan v. Stategreen1 sentence2011See id. | 1 | 1 |
Darling v. Stategreen1 sentence2008See Darling, 966 So.2d at 382 ("The defendant carries the burden to overcome the presumption of effective assistance....") B. | 1 | 1 |
Maxwell v. Wainwrightgreen1 sentence2005Maxwell v. Wainwright, 490 So.2d 927, 932 (Fla.1986). . . . [Furthermore] [t]he defendant alone carries the burden to overcome the presumption of effective assistance: "[T]he defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" [ Strickland, 466 U.S. at 689-90 , 104 S.Ct. 2052 .] State v. Duncan, 894 So.2d 817, 823 (Fla. 2004), cert. denied, ___ U.S. ___, 126 S.Ct. 397 , 163 L.Ed.2d 275 (2005). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Celotex Corp. v. Catrett, Administratrix of the Estate of Catrett
green
1 sentence2022Id.; Celotex Corp., 477 U.S. at 322-24 ; Fla. R. | 1 | 2022–2022 |
Tallahassee Housing v. Unemp. Appeals Com'n
green
1 sentence2012Id. | 1 | 2012–2012 |
Ring v. Arizona
green
2 sentences2008Petition for Writ of Habeas Corpus Jones presents three claims for habeas corpus relief, arguing that: (1) Florida's capital sentencing scheme is unconstitutional under Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002); (2) section 921.141, Florida Statutes and the standard penalty phase jury instructions improperly shifted the burden of proof to Jones to prove that death was inappropriate; and (3) the standard penalty phase jury instructions dilute the jury's responsibility by labeling their verdict as advisory and not binding. 2008Petition for Writ of Habeas Corpus Jones presents three claims for habeas corpus relief, arguing that: (1) Florida's capital sentencing scheme is unconstitutional under Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002); (2) section 921.141, Florida Statutes and the standard penalty phase jury instructions improperly shifted the burden of proof to Jones to prove that death was inappropriate; and (3) the standard penalty phase jury instructions dilute the jury's responsibility by labeling their verdict as advisory and not binding. | 1 | 2008–2008 |
Emmer v. Brucato
green
1 sentence2006Id. | 1 | 2006–2006 |
Sherwood Partners, Inc. v. Lycos, Inc.
green
1 sentence2005Maxwell v. Wainwright, 490 So.2d 927, 932 (Fla.1986). . . . [Furthermore] [t]he defendant alone carries the burden to overcome the presumption of effective assistance: "[T]he defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" [ Strickland, 466 U.S. at 689-90 , 104 S.Ct. 2052 .] State v. Duncan, 894 So.2d 817, 823 (Fla. 2004), cert. denied, ___ U.S. ___, 126 S.Ct. 397 , 163 L.Ed.2d 275 (2005). | 1 | 2005–2005 |
Globe Newspaper Co. v. Ayash
green
1 sentence2005Maxwell v. Wainwright, 490 So.2d 927, 932 (Fla.1986). . . . [Furthermore] [t]he defendant alone carries the burden to overcome the presumption of effective assistance: "[T]he defendant must overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" [ Strickland, 466 U.S. at 689-90 , 104 S.Ct. 2052 .] State v. Duncan, 894 So.2d 817, 823 (Fla. 2004), cert. denied, ___ U.S. ___, 126 S.Ct. 397 , 163 L.Ed.2d 275 (2005). | 1 | 2005–2005 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.