contention of cumulative error (Florida) · Go Syfert
← Florida issues

contention of cumulative error in Florida

26 Florida opinions name it 1 courts 2004–2017 0 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.

Followed or applied (17)

CaseFollowedCited
Griffin v. Stategreen
fla · 2004 · cited in 13 Florida opinions naming this issue, 2004–2012
2 sentences

2012See Hoskins v. State, 75 So.3d 250, 258 (Fla.2011); Schoenwetter v. State, 46 So.3d 535, 553 (Fla.2010); Rogers, 957 So.2d at 554 ; Parker v. State, 904 So.2d 370, 380 (Fla.2005); Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506 , 509 n. 5 (Fla.1999) (concludi

2011See Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“Because the alleged individual errors are without merit, the contention of cumulative error is similarly without merit.”).

1313
Vining v. Stategreen
fla · 2002 · cited in 8 Florida opinions naming this issue, 2004–2012
2 sentences

2012See Hoskins v. State, 75 So.3d 250, 258 (Fla.2011); Schoenwetter v. State, 46 So.3d 535, 553 (Fla.2010); Rogers, 957 So.2d at 554 ; Parker v. State, 904 So.2d 370, 380 (Fla.2005); Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506 , 509 n. 5 (Fla.1999) (concludi

2008See Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506, 509 (Fla.1999) (concluding that where allegations of individual error do not warrant relief, a cumulative error argument based thereon is without merit).

88
Israel v. Stategreen
fla · 2008 · cited in 7 Florida opinions naming this issue, 2009–2014
2 sentences

2014See generally Bradley v. State, 33 So.3d 664, 684 (Fla.2010) (“Where, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either meritless, procedurally barred, or do not meet the Strickland standard for ineffective assistance of counsel[,] ... the contention of cumulative error is similarly without merit.’ ”) (quoting Israel, 985 So.2d at 520 ).

2014See generally Bradley v. State, 33 So. 3d 664, 684 (Fla. 2010) (“Where, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either meritless, procedurally barred, or do not meet the Strickland standard for ineffective - 37 - assistance of counsel[,] . . . the contention of cumulative error is similarly without merit.’ ”) (quoting Israel, 985 So. 2d at 520 ).

77
Downs v. Stategreen
fla · 1999 · cited in 7 Florida opinions naming this issue, 2005–2012
2 sentences

2012See Hoskins v. State, 75 So.3d 250, 258 (Fla.2011); Schoenwetter v. State, 46 So.3d 535, 553 (Fla.2010); Rogers, 957 So.2d at 554 ; Parker v. State, 904 So.2d 370, 380 (Fla.2005); Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506 , 509 n. 5 (Fla.1999) (concludi

2008See Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506, 509 (Fla.1999) (concluding that where allegations of individual error do not warrant relief, a cumulative error argument based thereon is without merit).

57
Dufour v. Stategreen
fla · 2005 · cited in 4 Florida opinions naming this issue, 2009–2017
2 sentences

2017See Lynch v. State, 2 So.3d 47, 86 (Fla. 2008) ("[The appellant] is not entitled to relief on his cumulative error claim because the alleged individual claims of error are all without merit, and, therefore, the contention of cumulative error is similarly without merit.”) (quoting Dufour v. State, 905 So.2d 42, 65 (Fla. 2005)).

2017See Lynch v. State, 2 So. 3d 47, 86 (Fla. 2008) (“[The appellant] is not entitled to relief on his cumulative error claim because the alleged individual claims of error are all without merit, and, therefore, the contention of cumulative error is similarly without merit.”) (quoting Dufour v. State, 905 So. 2d 42, 65 (Fla. 2005)). - 19 - Pamela Jo Bondi, Attorney General, Tallahassee, Florida; and Scott A. Browne, Senior Assistant Attorney General, Tampa, Florida, for Appellee/Respondent - 20 -

44
Bradley v. Stategreen
fla · 2010 · cited in 4 Florida opinions naming this issue, 2012–2014
2 sentences

2014See generally Bradley v. State, 33 So.3d 664, 684 (Fla.2010) (“Where, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either meritless, procedurally barred, or do not meet the Strickland standard for ineffective assistance of counsel[,] ... the contention of cumulative error is similarly without merit.’ ”) (quoting Israel, 985 So.2d at 520 ).

2014See generally Bradley v. State, 33 So. 3d 664, 684 (Fla. 2010) (“Where, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either meritless, procedurally barred, or do not meet the Strickland standard for ineffective - 37 - assistance of counsel[,] . . . the contention of cumulative error is similarly without merit.’ ”) (quoting Israel, 985 So. 2d at 520 ).

44
Parker v. Stategreen
fla · 2005 · cited in 3 Florida opinions naming this issue, 2010–2013
2 sentences

2013Indeed, “[w]here, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either merit-less, procedurally barred, or do not meet the Strickland standard for ineffective assistance of counsel[,] ... the contention of cumulative error is similarly without merit.’ ” Butler v. State, 100 So.3d 638, 668 (Fla.2012) (quoting Bradley v. State, 33 So.3d 664, 684 (Fla.2010) (alteration in original)), cert. denied, — U.S. —, 133 S.Ct. 1726 , 185 L.Ed.2d 789 (2013); Israel v. State, 985 So.2d 510, 520 (Fla.2008); Lowe v. State, 2 So.3d 21, 33 (Fla.2008); Parker v. State, 90

2012See Hoskins v. State, 75 So.3d 250, 258 (Fla.2011); Schoenwetter v. State, 46 So.3d 535, 553 (Fla.2010); Rogers, 957 So.2d at 554 ; Parker v. State, 904 So.2d 370, 380 (Fla.2005); Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506 , 509 n. 5 (Fla.1999) (concludi

33
Lowe v. Stategreen
fla · 2008 · cited in 2 Florida opinions naming this issue, 2010–2013
2 sentences

2013Indeed, “[w]here, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either merit-less, procedurally barred, or do not meet the Strickland standard for ineffective assistance of counsel[,] ... the contention of cumulative error is similarly without merit.’ ” Butler v. State, 100 So.3d 638, 668 (Fla.2012) (quoting Bradley v. State, 33 So.3d 664, 684 (Fla.2010) (alteration in original)), cert. denied, — U.S. —, 133 S.Ct. 1726 , 185 L.Ed.2d 789 (2013); Israel v. State, 985 So.2d 510, 520 (Fla.2008); Lowe v. State, 2 So.3d 21, 33 (Fla.2008); Parker v. State, 90

2010Where, as here, the alleged errors urged for consideration in a cumulative error analysis “are either meritless, procedurally barred, or do not meet the Strickland standard for ineffective assistance of counsel[,] ... the contention of cumulative error is similarly without merit.” Israel v. State, 985 So.2d 510, 520 (Fla.2008); see also Lowe v. State, 2 So.3d 21, 33 (Fla.2008) (holding that where individual claims are either procedurally barred or without merit, the cumulative error claim must fail); Parker v. State, 904 So.2d 370, 380 (FLa.2005) (same).

22
Lynch v. Stategreen
fla · 2009 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017See Lynch v. State, 2 So.3d 47, 86 (Fla. 2008) ("[The appellant] is not entitled to relief on his cumulative error claim because the alleged individual claims of error are all without merit, and, therefore, the contention of cumulative error is similarly without merit.”) (quoting Dufour v. State, 905 So.2d 42, 65 (Fla. 2005)).

2017See Lynch v. State, 2 So. 3d 47, 86 (Fla. 2008) (“[The appellant] is not entitled to relief on his cumulative error claim because the alleged individual claims of error are all without merit, and, therefore, the contention of cumulative error is similarly without merit.”) (quoting Dufour v. State, 905 So. 2d 42, 65 (Fla. 2005)). - 19 - Pamela Jo Bondi, Attorney General, Tallahassee, Florida; and Scott A. Browne, Senior Assistant Attorney General, Tampa, Florida, for Appellee/Respondent - 20 -

11
Butler v. Stategreen
fla · 2012 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Indeed, “[w]here, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either merit-less, procedurally barred, or do not meet the Strickland standard for ineffective assistance of counsel[,] ... the contention of cumulative error is similarly without merit.’ ” Butler v. State, 100 So.3d 638, 668 (Fla.2012) (quoting Bradley v. State, 33 So.3d 664, 684 (Fla.2010) (alteration in original)), cert. denied, — U.S. —, 133 S.Ct. 1726 , 185 L.Ed.2d 789 (2013); Israel v. State, 985 So.2d 510, 520 (Fla.2008); Lowe v. State, 2 So.3d 21, 33 (Fla.2008); Parker v. State, 90

11
Schoenwetter v. Stategreen
fla · 2010 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Hoskins v. State, 75 So.3d 250, 258 (Fla.2011); Schoenwetter v. State, 46 So.3d 535, 553 (Fla.2010); Rogers, 957 So.2d at 554 ; Parker v. State, 904 So.2d 370, 380 (Fla.2005); Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506 , 509 n. 5 (Fla.1999) (concludi

11
Hoskins v. Stategreen
fla · 2011 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Hoskins v. State, 75 So.3d 250, 258 (Fla.2011); Schoenwetter v. State, 46 So.3d 535, 553 (Fla.2010); Rogers, 957 So.2d at 554 ; Parker v. State, 904 So.2d 370, 380 (Fla.2005); Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506 , 509 n. 5 (Fla.1999) (concludi

11
England v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009See Israel v. State, 985 So.2d 510, 520 (Fla.2008) (“Because the alleged individual errors are without merit, the contention of cumulative error is similarly without merit.”); see also Williams v. State, 987 So.2d 1, 14 (Fla.2008); Pooler v. State, 980 So.2d 460, 473 (Fla.), cert. denied, — U.S. -, 129 S.Ct. 255 , 172 L.Ed.2d 192 (2008). *1166 Proportionality of the Death Sentence Muehleman does not challenge the proportionality of his death sentence, but this Court reviews a death sentence for proportionality “regardless of whether the issue is raised on appeal.” England v. State, 940 So.2d 3

11
Pooler v. Stategreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009See Israel v. State, 985 So.2d 510, 520 (Fla.2008) (“Because the alleged individual errors are without merit, the contention of cumulative error is similarly without merit.”); see also Williams v. State, 987 So.2d 1, 14 (Fla.2008); Pooler v. State, 980 So.2d 460, 473 (Fla.), cert. denied, — U.S. -, 129 S.Ct. 255 , 172 L.Ed.2d 192 (2008). *1166 Proportionality of the Death Sentence Muehleman does not challenge the proportionality of his death sentence, but this Court reviews a death sentence for proportionality “regardless of whether the issue is raised on appeal.” England v. State, 940 So.2d 3

11
Williams v. Stategreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009See Israel v. State, 985 So.2d 510, 520 (Fla.2008) (“Because the alleged individual errors are without merit, the contention of cumulative error is similarly without merit.”); see also Williams v. State, 987 So.2d 1, 14 (Fla.2008); Pooler v. State, 980 So.2d 460, 473 (Fla.), cert. denied, — U.S. -, 129 S.Ct. 255 , 172 L.Ed.2d 192 (2008). *1166 Proportionality of the Death Sentence Muehleman does not challenge the proportionality of his death sentence, but this Court reviews a death sentence for proportionality “regardless of whether the issue is raised on appeal.” England v. State, 940 So.2d 3

11
Rutherford v. Mooregreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008PETITION FOR WRIT OF HABEAS CORPUS A. Ineffective Assistance of Appellate Counsel Consistent with Strickland , granting habeas relief based on ineffectiveness of appellate counsel is limited to those situations where the petitioner establishes first, that appellate counsel's performance was deficient because "the alleged omissions are of such magnitude as to constitute a serious error or substantial deficiency falling measurably outside the range of professionally acceptable performance" and second, that the petitioner was prejudiced because appellate counsel's deficiency "compromised the appe

11
Thompson v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008PETITION FOR WRIT OF HABEAS CORPUS A. Ineffective Assistance of Appellate Counsel Consistent with Strickland , granting habeas relief based on ineffectiveness of appellate counsel is limited to those situations where the petitioner establishes first, that appellate counsel's performance was deficient because "the alleged omissions are of such magnitude as to constitute a serious error or substantial deficiency falling measurably outside the range of professionally acceptable performance" and second, that the petitioner was prejudiced because appellate counsel's deficiency "compromised the appe

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
United States v. Agurs green
scotus · 1976
1 sentence

2014“The State, as the beneficiary of the Giglio violation, bears the burden to prove that the presentation of false testimony at trial was harmless beyond a reasonable doubt.” Id. - 46 - the alleged individual claims of error are all without merit, and, therefore, the contention of cumulative error is similarly without merit.” Dufour v. State, 905 So. 2d 42, 65 (Fla. 2005).

12014–2014
Ross v. Attorney Grievance Comm'n neutral
scotus · 2013
1 sentence

2013Indeed, “[w]here, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either merit-less, procedurally barred, or do not meet the Strickland standard for ineffective assistance of counsel[,] ... the contention of cumulative error is similarly without merit.’ ” Butler v. State, 100 So.3d 638, 668 (Fla.2012) (quoting Bradley v. State, 33 So.3d 664, 684 (Fla.2010) (alteration in original)), cert. denied, — U.S. —, 133 S.Ct. 1726 , 185 L.Ed.2d 789 (2013); Israel v. State, 985 So.2d 510, 520 (Fla.2008); Lowe v. State, 2 So.3d 21, 33 (Fla.2008); Parker v. State, 90

12013–2013
Alexander, Zelmanski, Danner & Fioritto, PLLC v. Haddad green
scotus · 2013
1 sentence

2013Indeed, “[w]here, as here, the alleged errors urged for consideration in a cumulative error analysis ‘are either merit-less, procedurally barred, or do not meet the Strickland standard for ineffective assistance of counsel[,] ... the contention of cumulative error is similarly without merit.’ ” Butler v. State, 100 So.3d 638, 668 (Fla.2012) (quoting Bradley v. State, 33 So.3d 664, 684 (Fla.2010) (alteration in original)), cert. denied, — U.S. —, 133 S.Ct. 1726 , 185 L.Ed.2d 789 (2013); Israel v. State, 985 So.2d 510, 520 (Fla.2008); Lowe v. State, 2 So.3d 21, 33 (Fla.2008); Parker v. State, 90

12013–2013
Rogers v. State green
fla · 2007
1 sentence

2012See Hoskins v. State, 75 So.3d 250, 258 (Fla.2011); Schoenwetter v. State, 46 So.3d 535, 553 (Fla.2010); Rogers, 957 So.2d at 554 ; Parker v. State, 904 So.2d 370, 380 (Fla.2005); Griffin v. State, 866 So.2d 1, 22 (Fla.2003) (“[W]here individual claims of error alleged are either procedurally barred or without merit, the claim of cumulative error must fail.”); Vining v. State, 827 So.2d 201, 219 (Fla.2002) (holding that where alleged individual errors are without merit, the contention of cumulative error is similarly without merit); Downs v. State, 740 So.2d 506 , 509 n. 5 (Fla.1999) (concludi

12012–2012

Statutes the citing opinions construe

FL § 921.141 (10) FL § 90.403 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check