Lee v. State (2018)
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· 3 citation events
across 1 courts.
Showing the 3 strongest citers on record
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Myrticia Quiencilla Gray v. The State of Florida (2024)
Because the claims asserted were either not error, see Donovan v. State, 821 So. 2d 1099 (Fla. 5th DCA 2002); M.W. v. State, 263 So. 3d 214 (Fla. 3d DCA 2019), not properly preserved, see Foster v. State, 778 So. 2d 906 (Fla. 2000) (finding claim procedurally barred because defendant failed to make contemporaneous objection to trial judge's comments or seek disqualification); Jones v. State, 612 So. 2d 1370, 1373 (Fla.1992) (“The contemporaneous objection rule applies to suc…
“[I]t is clear that not every act or comment that might be interpreted as demonstrating less than neutrality on the part of the judge will be deemed fundamental error.”
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SONDRA HESS v. CHAD HESS (2019)
Inc. v. Nunziata, 159 So. 3d 850, 862 (Fla. 2d DCA 2014) ("Trial judges must be fair, impartial, and disinterested participants in the proceedings."); Lee v. State, 264 So. 3d 225, 226 (Fla. 1st DCA 2018) (noting judges should not only be impartial, but should also leave the impression of impartiality upon all those who appear in court).
noting judges should not only be impartial, but should also leave the impression of impartiality upon all those who appear in court
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Roger N. Rosier v. State of Florida (2019)
Nature of fundamental error Second, I emphasize a basic feature of fundamental error: the whole point of identifying an error as “fundamental” is to permit an appellant to argue that the error supports reversal even if the 3 The importance of a court’s duty to remain neutral and to refrain from making arguments for one side of a proceeding was discussed at length in the dissenting opinion of Lee v. State, 264 So. 3d 225, 231 (Fla. 1st DCA 2018) (Makar, J., dissenting).
Makar, J., dissenting