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· 7/9/2002

Brazeail v. State

Citations

  • 821 So. 2d 364
  • 2002 WL 1456159

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where an appellant alleges that his plea was not knowingly and voluntarily entered, prejudice exists \because a defendant has been deprived of his constitutional right to a trial.\
  • explaining that a defendant challenging a guilty plea in a 3.850 motion alleging ineffective assistance of counsel demonstrates prejudice by establishing that there is a reasonable probability that, but for counsel’s errors, defendant would not have pleaded guilty
  • explaining that a defendant challenging a guilty plea in a 3.850 motion alleging ineffective assistance of counsel demonstrates prejudice by establishing that there is a reasonable probability that, but for counsel's errors, defendant would not have pleaded guilty
  • observing that the focus of the analysis is whether the outcome of the plea proceedings would have been different, not on whether the outcome, of the trial proceedings would have been different
  • observing that the focus of the analysis is whether the outcome of the plea proceedings would have been different, not on whether the outcome of the trial proceedings would have been different
  • holding that in a plea context the prejudice prong of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), is satisfied when a defendant makes a sworn statement that had he been properly advised by counsel, he would not have entered a guilty plea

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.