32 Florida opinions name it 2 courts 1961–2022 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Taylor v. Stategreen2 sentences2018Id. at 992 . 2018Further, even though this Court in 2009 and the federal district court in 2011 later stated that the chance that Birch's internal genital injuries were caused by a kick was "one in a million," Taylor III , 3 So.3d at 993 , 996 ; Taylor IV , 2011 WL 2160341 , at *27, *34, these repetitions of Dr. Miller's testimony do not commence a new one-year period for filing a successive motion. | 1 | 1 |
Baker v. Stategreen1 sentence2014See Baker v. State, 138 So.3d 1175 (Fla. 2d DCA 2014); Landrum v. State, 133 So.3d 601 (Fla. 2d DCA 2014). | 1 | 1 |
State v. Lewisgreen1 sentence2013As this Court has said, “the obligation to investigate and prepare for the penalty portion of a capital case cannot be overstated.... ” State v. Lewis, 838 So.2d 1102, 1113 (Fla.2002). [ 0]ur principal concern in deciding whether [counsel] exercised “reasonable professional judgmen[t]” is not whether counsel should have presented a mitigation case. | 1 | 1 |
Spera v. Stategreen1 sentence2013See id. at 762 (“We also stress that our decision is limited to motions deemed facially insufficient to support relief — that is, claims that fail to contain required allegations. | 1 | 1 |
Walton v. Stategreen1 sentence2011See Walton v. State, 3 So.3d 1000, 1012 (Fla.2009) (citing Huff v. State, 762 So.2d 476, 481 (Fla.2000)). | 1 | 1 |
Huff v. Stategreen1 sentence2011See Walton v. State, 3 So.3d 1000, 1012 (Fla.2009) (citing Huff v. State, 762 So.2d 476, 481 (Fla.2000)). | 1 | 1 |
James v. Stategreen1 sentence2006We note that Taylor's defense was that he shot the victim in self-defense. "[A] trial court has wide discretion in instructing the jury, and the court's decision regarding the charge to the jury is reviewed with a presumption of correctness on appeal." James v. State, 695 So.2d 1229, 1236 (Fla.1997) (citation omitted). | 1 | 1 |
Williams v. Stategreen2 sentences2006See Williams v. State, 821 So.2d 1267, 1268-69 (Fla. 2d DCA 2002) ("An issue concerning a sentence which exceeds the terms authorized in a plea agreement is not a sentencing error, but instead is a violation of the plea agreement which must be raised through a motion to withdraw plea."). 2006See Williams, 821 So.2d at 1269 . | 1 | 1 |
Gilbert v. Stategreen1 sentence2006See Gilbert v. State, 805 So.2d 70 (Fla. 2d DCA 2002); Colosimo v. State, 775 So.2d 352 (Fla. 2d DCA 2000). | 1 | 1 |
Taylor v. School Bd. of Brevard Countygreen1 sentence2004See id. | 1 | 1 |
Green v. Stategreen2 sentences2004See Green v. State, 839 So.2d 748 , 750 n. 1 (Fla. 2d DCA), review granted, Franklin v. State, 854 So.2d 659 (Fla.2003). 2004See Green v. State, 839 So.2d 748 , 750 n. 1 (Fla. 2d DCA), review granted, Franklin v. State, 854 So.2d 659 (Fla.2003). | 1 | 1 |
Taylor v. Stategreen1 sentence2004See id. | 1 | 1 |
| Tamer v. Stategreen | 1 | 1 |
| Jackson v. Stategreen | 1 | 1 |
| United States v. Everton G. Wilsongreen | 1 | 1 |
| United States v. Calvin Griffingreen | 1 | 1 |
cluster 10013green1 sentence2003See, e.g., United States v. Stewart, 93 F.3d 189, 192 (5th Cir.1996); United States v. Wilson, 895 F.2d 168, 172 (4th Cir.1990); United States v. Griffin, 530 F.2d 739, 742 (7th Cir.1976). [16] Because Taylor had already signed the search consents, the issue of whether Taylor was illegally under arrest at this point would only affect the admissibility of the statements he made to Detective Lester at the police station and the clothing Taylor was wearing when he was arrested. [17] When Noble asked him to come to the station, Taylor shrugged his shoulders. | 1 | 1 |
| Bolin v. Stategreen | 1 | 1 |
| Evans v. Stategreen | 1 | 1 |
| Bryant v. Stateyellow | 1 | 1 |
| STATE, DEPT. OF HIGHWAY PATROL v. Pollackgreen | 1 | 1 |
| Simkovitz v. Stategreen | 1 | 1 |
| Volkswagen Insurance Company v. Taylorgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gary Czajkowski v. State of Florida
red
2 sentences2018V, § 3(b)(1), Fla. Const. Taylor’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). 2018On February 8, 2017, the postconviction court granted Taylor's motion to amend claim four to add claims based upon Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). 4 Taylor filed a witness/exhibit list, naming as a witness Dr. Harvey Moore, Ph.D. | 2 | 2018–2018 |
Florida v. Hurst
red
2 sentences2018V, § 3(b)(1), Fla. Const. Taylor’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). 2018On February 8, 2017, the postconviction court granted Taylor's motion to amend claim four to add claims based upon Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). 4 Taylor filed a witness/exhibit list, naming as a witness Dr. Harvey Moore, Ph.D. | 2 | 2018–2018 |
Taylor v. State
green
2 sentences2009Id. 2009Trial counsel had provided the trial court incorrect information about Taylor’s plea agreement, and Taylor had “been obviously prejudiced by this ineffectiveness as he [was] currently in state prison instead of having already finished a nine-month county jail sentence.” Id. at 671 . | 2 | 2008–2009 |
Lamont Taylor v. State of Florida
green
2 sentences2022The Second District pointed out that Taylor’s analysis relied on the provision of rule 3.850(f)(8)(C), which states that the “order issued after the evidentiary hearing shall resolve all the claims raised in the motion and shall be considered the final order for purposes of appeal,” to support its conclusion that a resentencing proceeding after the granting of 3.850 relief was a new and separate proceeding. 293 So. 3d at 1083 (quoting Taylor, 140 So. 3d at 529 ). 2022In distinguishing Taylor—as well as White—the court stated: “Unlike rule 3.850, rule 3.800 does not state that an order resolving ‘all the claims raised in the motion’ shall be a final order.” Id. | 1 | 2022–2022 |
James Ernest Hitchcock v. State of Florida
green
1 sentence2018This Court stayed Taylor’s appeal pending the disposition of Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017). | 1 | 2018–2018 |
Caldwell v. Mississippi
green
2 sentences2018The exhibit list included a content analysis evaluation conducted by Dr. Moore which concluded that "[b]ased on the socio-legal standard established in Caldwell v. Mississippi, 472 U.S. 320 , 105 S.Ct. 2633 , 86 L.Ed.2d 231 (1985) we may conclude to a reasonable degree of sociological certainty the jury which recommended a sentence of death for Mr. Taylor in [ Taylor II ] was persuaded against the requisite level of attention to its responsibility through comments made by the court and prosecutor, and repeated by fellow members of the venire." Taylor intended to present Dr. Moore and introduce 2018The exhibit list included a content analysis evaluation conducted by Dr. Moore which concluded that "[b]ased on the socio-legal standard established in Caldwell v. Mississippi, 472 U.S. 320 , 105 S.Ct. 2633 , 86 L.Ed.2d 231 (1985) we may conclude to a reasonable degree of sociological certainty the jury which recommended a sentence of death for Mr. Taylor in [ Taylor II ] was persuaded against the requisite level of attention to its responsibility through comments made by the court and prosecutor, and repeated by fellow members of the venire." Taylor intended to present Dr. Moore and introduce | 1 | 2018–2018 |
Allen v. United States
green
1 sentence2018This Court stayed Taylor’s appeal pending the disposition of Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017). | 1 | 2018–2018 |
Clark v. State
green
1 sentence2018Clark v. State , 236 So.3d 481 , 483 (Fla. 4th DCA 2018) (citing Jacques v. State , 193 So.3d 1065 , 1066 (Fla. 4th DCA 2016) ). | 1 | 2018–2018 |
Hurst v. Florida
green
1 sentence2018V, § 3(b)(1), Fla. Const. Taylor’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). | 1 | 2018–2018 |
Taylor v. State
green
1 sentence2018Id. at 765 . | 1 | 2018–2018 |
Dieugrand Jacques v. State of Florida
green
1 sentence2018Clark v. State , 236 So.3d 481 , 483 (Fla. 4th DCA 2018) (citing Jacques v. State , 193 So.3d 1065 , 1066 (Fla. 4th DCA 2016) ). | 1 | 2018–2018 |
Cleveland v. Sharp
green
1 sentence2018On February 8, 2017, the postconviction court granted Taylor's motion to amend claim four to add claims based upon Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). 4 Taylor filed a witness/exhibit list, naming as a witness Dr. Harvey Moore, Ph.D. | 1 | 2018–2018 |
Landrum v. State
neutral
1 sentence2014See Baker v. State, 138 So.3d 1175 (Fla. 2d DCA 2014); Landrum v. State, 133 So.3d 601 (Fla. 2d DCA 2014). | 1 | 2014–2014 |
Campbell v. State
red
1 sentence2013Taylor has also filed a habeas petition, raising the following issue: whether appellate counsel was ineffective in neglecting to argue on direct appeal that the trial court erred in failing to comply with the requirements of this Court’s decision in Campbell v. State, 571 So.2d 415 (Fla.1990), and specifically consider and weigh each established mitigating and aggravating factor in its sentencing order. | 1 | 2013–2013 |
Wofford v. State
green
1 sentence2011Id. | 1 | 2011–2011 |
State v. Green
green
1 sentence2008In support of the relief he seeks, Taylor relies on State v. Green, 944 So.2d 208 (Fla.2006), and its progeny. | 1 | 2008–2008 |
Colosimo v. State
green
1 sentence2006See Gilbert v. State, 805 So.2d 70 (Fla. 2d DCA 2002); Colosimo v. State, 775 So.2d 352 (Fla. 2d DCA 2000). | 1 | 2006–2006 |
| Terry v. Ohio green | 1 | 2003–2003 |
| City of Pembroke Pines v. Zitnick green | 1 | 2002–2002 |
| Bain v. State green | 1 | 2002–2002 |
| Murthy v. Sinha Corp. green | 1 | 1998–1998 |
| Lee County v. Exchange Nat. Bank of Tampa green | 1 | 1997–1997 |
| Nixon v. State neutral | 1 | 1994–1994 |
| Sales v. State neutral | 1 | 1994–1994 |
| Rojas v. State green | 1 | 1994–1994 |
| Herring v. State green | 1 | 1993–1993 |
| Thompson v. State green | 1 | 1991–1991 |
| Printempts v. State neutral | 1 | 1991–1991 |
| Wiley v. State neutral | 1 | 1991–1991 |
| Junco v. State green | 1 | 1991–1991 |
| Gallego v. Purdy green | 1 | 1990–1990 |
| Blackstock v. Newman green | 1 | 1990–1990 |
| Clark v. Better Const. Co., Inc. green | 1 | 1985–1985 |
| Anders v. California green | 1 | 1984–1984 |
| Vincent v. General Motors Acceptance Corporation green | 1 | 1961–1961 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.