Supreme Court of Florida· 5/6/2004
Gamble v. State
Citations
- 877 So. 2d 706
- 2004 WL 1057677
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defense counsel conceding during his opening statement that the defendant was guilty of second- or third-degree murder but not first-degree murder did not constitute ineffective assistance of counsel
- holding that where defendant consented to conceding guilt in felony-murder, defendant could not argue that his consent was invalid because he did not understand the consequences of his consent if the strategy did not result in an acquittal of first-degree murder
- upholding counsel's decision to concede a lesser included offense of second- or third-degree murder in a first-degree murder case as a reasonable trial tactic where the defendant's confession to the underlying felony was admitted
- “[I]f the defendant consents to counsel’s strategy, there is no merit to a claim of ineffective assistance of counsel.”
- “[I]f the defendant consents to counsel’s strategy, there is no merit to a claim of ineffective assistance of counsel.”
- Counsel not ineffective for trial strategy of conceding guilt and seeking lesser offense when there was overwhelming evidence including a confession
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerCited by
17 cases in this archive cite this case.
- Rodriguez v. StateSupreme Court of Florida· 2006-01-19· cited 118×
- Zack v. StateSupreme Court of Florida· 2005-07-07· cited 103×
- Arbelaez v. StateSupreme Court of Florida· 2005-01-27· cited 82×
- Ferrell v. StateSupreme Court of Florida· 2010-01-14· cited 64×
- Henry v. StateSupreme Court of Florida· 2007-01-25· cited 40×
- Charles C. Peterson v. State of FloridaSupreme Court of Florida· 2014-06-26· cited 19×
- Gamble v. Secretary, Florida Department of CorrectionsEleventh Circuit· 2006-05-31· cited 17×
- Stein v. StateSupreme Court of Florida· 2008-09-25· cited 16×
- Richard England v. State of Florida and SC13-705 Richard England v. Michael D. Crews, etc.Supreme Court of Florida· 2014-07-03· cited 15×
- Mendoza v. StateDistrict Court of Appeal of Florida· 2012-02-29· cited 14×
- Alan Lyndell Wade v. State of FloridaSupreme Court of Florida· 2014-12-11· cited 14×
- & SC13-1959 Lucious Boyd v. State of Florida & Lucious Boyd v. Julie L. Jones, etc.Supreme Court of Florida· 2015-12-17· cited 14×
- Ferguson v. StateDistrict Court of Appeal of Florida· 2012-10-31· cited 5×
- Thompson v. StateDistrict Court of Appeal of Florida· 2008-11-05· cited 1×
- Lightner v. StateDistrict Court of Appeal of Florida· 2011-04-13
- Allen Burkhalter v. State of FloridaDistrict Court of Appeal of Florida· 2019-09-09
- Terry Smith v. State of Florida & Terry Smith v. Mark S. Inch, etc.Supreme Court of Florida· 2021-10-21
Cites
41 cases in this archive are cited by this case; the 20 most cited are listed.
- Strickland v. WashingtonSupreme Court· 1984-06-25· cited 123,578×
- Apprendi v. New JerseySupreme Court· 2000-06-26· cited 28,372×
- Faretta v. CaliforniaSupreme Court· 1975-06-30· cited 11,585×
- United States v. CronicSupreme Court· 1984-05-14· cited 6,497×
- Cuyler v. SullivanSupreme Court· 1980-05-12· cited 5,389×
- Ring v. ArizonaSupreme Court· 2002-06-24· cited 4,683×
- Nelson v. StateDistrict Court of Appeal of Florida· 1973-02-28· cited 400×
- Huff v. StateSupreme Court of Florida· 1993-07-01· cited 322×
- Occhicone v. StateSupreme Court of Florida· 2000-06-29· cited 321×
- Thompson v. StateSupreme Court of Florida· 2000-04-13· cited 204×
- Bottoson v. MooreSupreme Court of Florida· 2002-10-24· cited 192×
- Jackson v. StateSupreme Court of Florida· 1994-10-13· cited 175×
- King v. MooreSupreme Court of Florida· 2002-10-24· cited 139×
- Walls v. StateSupreme Court of Florida· 1994-07-07· cited 132×
- Cherry v. StateSupreme Court of Florida· 1995-08-31· cited 121×
- Teffeteller v. DuggerSupreme Court of Florida· 1999-03-04· cited 118×
- Gaskin v. StateSupreme Court of Florida· 1999-07-01· cited 105×
- Downs v. StateSupreme Court of Florida· 1999-05-20· cited 96×
- Aig Life Insurance Co. v. PadfieldSupreme Court· 2002-12-02· cited 78×
- Shere v. StateSupreme Court of Florida· 1999-06-24· cited 62×
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