more-probable-than-not standard (Florida) · Go Syfert
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more-probable-than-not standard in Florida

7 Florida opinions name it 2 courts 2012–2026 3 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.

Followed or applied (4)

CaseFollowedCited
Strickland v. Washingtongreen
scotus · 1984 · cited in 6 Florida opinions naming this issue, 2012–2026
2 sentences

2026“This does not require a showing that counsel’s actions ‘more likely than not altered the outcome,’ but the difference between Strickland’s prejudice standard and a more- probable-than-not standard is slight and matters ‘only in the rarest - 11 - case.’ ” Harrington v. Richter, 562 U.S. 86, 111-12 (2011) (quoting Strickland, 466 U.S. at 693, 697 ).

2024Nonetheless, “the difference between Strickland’s prejudice standard and a more-probable-than-not standard is slight and matters ‘only in the rarest case.’” Harrington, 562 U.S. at 112 (quoting Strickland, 466 U.S. at 697 ).

36
Harrington v. Richtergreen
scotus · 2011 · cited in 4 Florida opinions naming this issue, 2014–2026
2 sentences

2026“This does not require a showing that counsel’s actions ‘more likely than not altered the outcome,’ but the difference between Strickland’s prejudice standard and a more- probable-than-not standard is slight and matters ‘only in the rarest - 11 - case.’ ” Harrington v. Richter, 562 U.S. 86, 111-12 (2011) (quoting Strickland, 466 U.S. at 693, 697 ).

2024Nonetheless, “the difference between Strickland’s prejudice standard and a more-probable-than-not standard is slight and matters ‘only in the rarest case.’” Harrington, 562 U.S. at 112 (quoting Strickland, 466 U.S. at 697 ).

24
State v. Davisgreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026When reviewing a circuit court’s ruling on an ineffective assistance claim, we “defer[] to findings of fact based on competent, substantial evidence” but “independently review[]” the ultimate conclusions of “deficiency and prejudice as mixed questions of law and fact.” State v. Davis, 872 So. 2d 250, 253 (Fla. 2004) (citing Gore v. State, 846 So. 2d 461, 468 (Fla. 2003)).

11
Gore v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026When reviewing a circuit court’s ruling on an ineffective assistance claim, we “defer[] to findings of fact based on competent, substantial evidence” but “independently review[]” the ultimate conclusions of “deficiency and prejudice as mixed questions of law and fact.” State v. Davis, 872 So. 2d 250, 253 (Fla. 2004) (citing Gore v. State, 846 So. 2d 461, 468 (Fla. 2003)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Where else courts name it

FL 7 (2012–2026) CA 5 (2013–2022) TX 4 (2011–2017) WA 2 (2015–2015) KY 2 (2012–2012) SC 2 (2014–2016) CT 2 (2016–2018) VT 2 (1992–2017) ID 2 (2022–2022) MI 2 (2008–2018) AK 2 (1985–1998) UT 2 (2012–2022) TN 2 (2024–2024)

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.

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