· 3/25/2004
Grosvenor v. State
Citations
- 874 So. 2d 1176
- 2004 WL 583069
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the merit of any potential defense is relevant to the credibility of defendant's assertion that he would have insisted on going to trial
- holding that a defendant seeking to vacate a plea under Hill/Strickland need not show that he would have rejected the plea and prevailed at trial, but only that he would have rejected the plea and proceeded to trial
- holding that a defendant seeking to vacate a plea under Hill/Strickland need not show that he would have rejected the plea and prevailed at trial, but only that he would have rejected the plea and proceeded to trial
- explaining that “the viability of the defense is relevant to the credibility of the assertion that the defendant would have insisted on going to trial if informed of that defense”
- establishing two-pronged test for assessing claims of ineffective assistance of counsel relating to guilty pleas: the first prong is identical to the deficient performance prong in Strickland v. Washington, 466 U.S. 668 (1984
- rejecting dissent’s suggestion that the “correct inquiry ... is whether there was a viable defense,” and instructing courts to “consider the totality of the circumstances” “in determining whether a reasonable probability exists that the defendant would have insisted on going to trial”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cantero
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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