· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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