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9 Florida opinions name it 2 courts 1995–2021 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 |
|---|---|---|
Boyd v. Stategreen2 sentences2021See [Boyd v. State, 910 So. 2d 167, 189-90 (Fla. 2005)].”). 2012See Boyd, 910 So.2d at 189-90 . | 2 | 2 |
Simmons v. Stategreen1 sentence2021See Simmons v. State, 105 So. 3d 475, 516-17 (Fla. 2012) (Polston, C.J., concurring in part and dissenting in part) (“Essentially, as the trial court ably explained, we are considering an ineffectiveness of counsel claim ‘raised by a Defendant who repeatedly chose to ignore the advice of his qualified lead-counsel and chose—with his family’s support—to limit mitigation evidence because it would cast him and/or his family in a negative light.’ However, capital defendants have the right to limit the mitigation evidence presented during the penalty phase. | 1 | 1 |
Blanco v. Wainwrightgreen1 sentence2001"In evaluating this prong, courts are required to ... make every effort to eliminate the distorting effects of hindsight by evaluating the performance from counsel's perspective at the time." Blanco v. State, 507 So.2d 1377, 1381 (Fla.1987). | 1 | 1 |
Herring v. Stategreen2 sentences2001“To prove an ineffectiveness of counsel claim premised on an alleged conflict of interest, the defendant must ‘establish that an actual conflict of interest adversely affected his lawyer’s performance.’ ” Herring v. State, 730 So.2d 1264, 1267 (Fla.1998) (quoting Cuyler v. Sullivan, 446 U.S. 335, 350 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980)). 2001The court in Herring also noted that “[t]o demonstrate an actual conflict, the defendant must identify specific evidence in the record that suggests that his or her interests were impaired or compromised for the benefit of the attorney or another party.” Herring, 730 So.2d at 1267 . | 1 | 1 |
Cherry v. Stategreen1 sentence2001In further explaining the "deficiency" prong of the ineffectiveness of counsel test, we have recognized that "the defendant must show that counsel's representation fell below an objective standard of reasonableness" based on "prevailing professional norms." Cherry v. State, 781 So.2d 1040, 1048 (Fla.2000) (quoting Strickland, 466 U.S. at 688 , 104 S.Ct. 2052 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2014Analysis Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), is the bedrock upon which we construct any analysis of an ineffectiveness of counsel claim. 2014Analysis Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), is the bedrock upon which we construct any analysis of an ineffectiveness of counsel claim. | 4 | 1997–2014 |
Groover v. State
green
2 sentences2010Furthermore, the administration of Mellaril, a powerful antipsychotic drug, did not necessarily render Nelson incompetent: In Groover v. State, 574 So.2d 97 (Fla.1991), we reviewed a similar issue where the petitioner raised an ineffectiveness of counsel claim for counsel’s failure to request a psychiatric evaluation after it became clear prison officials had administered large doses of Mellaril. 2010Id. at 98 . | 1 | 2010–2010 |
Cuyler v. Sullivan
green
2 sentences2001“To prove an ineffectiveness of counsel claim premised on an alleged conflict of interest, the defendant must ‘establish that an actual conflict of interest adversely affected his lawyer’s performance.’ ” Herring v. State, 730 So.2d 1264, 1267 (Fla.1998) (quoting Cuyler v. Sullivan, 446 U.S. 335, 350 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980)). 2001“To prove an ineffectiveness of counsel claim premised on an alleged conflict of interest, the defendant must ‘establish that an actual conflict of interest adversely affected his lawyer’s performance.’ ” Herring v. State, 730 So.2d 1264, 1267 (Fla.1998) (quoting Cuyler v. Sullivan, 446 U.S. 335, 350 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980)). | 1 | 2001–2001 |
Duperier v. State
neutral
1 sentence1995Duperier v. State, 590 So.2d 511 (Fla. 4th DCA 1991). | 1 | 1995–1995 |
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.