Mitchell motion (Florida) · Go Syfert
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Mitchell motion in Florida

17 Florida opinions name it 2 courts 1969–2018 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 (10)

CaseFollowedCited
Parker v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Cf. Parker v. State, 20 So. 3d 966, 969-70 (Fla. 3d DCA 2009).

11
Whitten v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Whitten v. State, 841 So.2d 578, 579 (Fla. 2d DCA 2003) (holding that the defendant was entitled to an evidentiary hearing on his postconviction claim that counsel was ineffective for failing to convey a plea offer where the record did not refute the defendant’s claims).

11
Stennes v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007"On appeal of a motion to suppress evidence, this court defers to the trial court's factual findings but reviews legal conclusions de novo." Stennes v. State, 939 So.2d 1148, 1149 (Fla. 4th DCA 2006).

11
Lochner v. Monaco, Cardillo & Keithgreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004We affirm without comment the other issues that were raised, including Mr. Mitchell's challenge to the amount of attorney's fees and costs that the trial court found was owed to Ms. Coleman. *641 "A charging lien is an attorney's equitable right to have costs and fees owed for legal services secured by the judgment or recovery in the lawsuit." Newton v. Kiefer, 547 So.2d 727, 728 (Fla. 2d DCA 1989); see also Lochner v. Monaco, Cardillo & Keith, P.A., 551 So.2d 581, 583 (Fla. 2d DCA 1989).

11
Newton v. Kiefergreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004We affirm without comment the other issues that were raised, including Mr. Mitchell's challenge to the amount of attorney's fees and costs that the trial court found was owed to Ms. Coleman. *641 "A charging lien is an attorney's equitable right to have costs and fees owed for legal services secured by the judgment or recovery in the lawsuit." Newton v. Kiefer, 547 So.2d 727, 728 (Fla. 2d DCA 1989); see also Lochner v. Monaco, Cardillo & Keith, P.A., 551 So.2d 581, 583 (Fla. 2d DCA 1989).

11
Correa v. Christensengreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004"It is not enough to support the imposition of a charging lien that an attorney has provided his services; the services must, in addition, produce a positive judgment or settlement for the client, since the lien will attach only to the tangible fruits of the services." Correa v. Christensen, 780 So.2d 220, 220 (Fla. 5th DCA 2001).

11
Robson v. Hainesgreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Robson v. Haines, 634 So.2d 831 (Fla. 5th DCA 1994).

11
Hierro v. Stategreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997Furthermore, where, as here, the critical issue was the veracity of Mitchell’s statement that he did not know a gun was under his seat, we cannot conclude the trial court’s refusal to admit Mitchell’s plea history, was “harmless beyond a reasonable doubt.” See Hierro v. State, 608 So.2d 912, 914 (Fla. 3d DCA 1992).

11
State v. Hillgreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996The appellant correctly states the law that "a trial court is without authority to enhance sentences from multiple crimes committed during a single criminal episode by both sentencing a defendant as a habitual offender and ordering that the sentences be served consecutively." State v. Hill, 660 So.2d 1384, 1386 (Fla.1995) (emphasis added); Hale v. State, 630 So.2d 521 (Fla.1993), cert. den., ___ U.S. ___, 115 S.Ct. 278 , 130 L.Ed.2d 195 (1994).

11
McLin v. Trimblegreen
okla · 1990 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992See, e.g., McLin v. Trimble, 795 P.2d 1035 (Okl. 1990) (determining Mitchell was mandate to state courts, but stating the Supremacy Clause did not create state appellate court jurisdiction absent another jurisdictional basis, with result that exercise of original jurisdiction was proper); Henke v. Superior Court, 161 Ariz. 96 , 775 P.2d 1160 (Ct.App. 1989) (although denial of motion to dismiss was non-appealable interlocutory order, jurisdictional relief was granted under the "unusual step" of a special-action petition); Anderson v. City of Hopkins, 393 N.W.2d 363 (Minn. 1986) (finding Mitchel

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Woodson v. Stategreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004We certify that this decision conflicts with the Fifth District's decision in Woodson, 864 So.2d 512 .

11

Also cited on this issue (13)

CaseCitedYears
Smiley v. State green
fla · 2007
1 sentence

2007Weekly S303 , ___ So.2d ___, 2007 WL 1628111 (Fla. June 7, 2007).

12007–2007
Moore v. State green
fladistctapp · 2000
2 sentences

2004The postconviction court cited Moore v. State, 768 So.2d 1140 (Fla. 1st DCA 2000), in support of the principle that issues that were or could have been raised on direct appeal are "not cognizable on collateral attack." The Moore court specifically acknowledged, however, that "a claim that the sentence is illegal can be asserted at any time in a proceeding under rule 3.800(a) even if it could have been raised earlier." 768 So.2d at 1143 .

2004The postconviction court cited Moore v. State, 768 So.2d 1140 (Fla. 1st DCA 2000), in support of the principle that issues that were or could have been raised on direct appeal are "not cognizable on collateral attack." The Moore court specifically acknowledged, however, that "a claim that the sentence is illegal can be asserted at any time in a proceeding under rule 3.800(a) even if it could have been raised earlier." 768 So.2d at 1143 .

12004–2004
Mitchell v. Moore green
fla · 2001
2 sentences

2004The first question we must resolve in attempting to apply the two-step Mitchell test is what, precisely, the court meant when it said that the right of access must be "significantly obstructed." 786 So.2d at 527 .

2004The first question we must resolve in attempting to apply the two-step Mitchell test is what, precisely, the court meant when it said that the right of access must be "significantly obstructed." 786 So.2d at 527 .

12004–2004
Hale v. State green
fla · 1993
1 sentence

1996The appellant correctly states the law that "a trial court is without authority to enhance sentences from multiple crimes committed during a single criminal episode by both sentencing a defendant as a habitual offender and ordering that the sentences be served consecutively." State v. Hill, 660 So.2d 1384, 1386 (Fla.1995) (emphasis added); Hale v. State, 630 So.2d 521 (Fla.1993), cert. den., ___ U.S. ___, 115 S.Ct. 278 , 130 L.Ed.2d 195 (1994).

11996–1996
Hale v. Florida green
scotus · 1994
1 sentence

1996The appellant correctly states the law that "a trial court is without authority to enhance sentences from multiple crimes committed during a single criminal episode by both sentencing a defendant as a habitual offender and ordering that the sentences be served consecutively." State v. Hill, 660 So.2d 1384, 1386 (Fla.1995) (emphasis added); Hale v. State, 630 So.2d 521 (Fla.1993), cert. den., ___ U.S. ___, 115 S.Ct. 278 , 130 L.Ed.2d 195 (1994).

11996–1996
Loren v. State green
fladistctapp · 1992
1 sentence

1995Mitchell argues that, pursuant to Loren v. State, 601 So.2d 271 (Fla. 1st DCA 1992), her claim of ineffective assistance of counsel is cognizable on direct appeal because such ineffectiveness is demonstrated on the face of the record.

11995–1995
Henke v. Superior Court green
arizctapp · 1989
2 sentences

1992See, e.g., McLin v. Trimble, 795 P.2d 1035 (Okl. 1990) (determining Mitchell was mandate to state courts, but stating the Supremacy Clause did not create state appellate court jurisdiction absent another jurisdictional basis, with result that exercise of original jurisdiction was proper); Henke v. Superior Court, 161 Ariz. 96 , 775 P.2d 1160 (Ct.App. 1989) (although denial of motion to dismiss was non-appealable interlocutory order, jurisdictional relief was granted under the "unusual step" of a special-action petition); Anderson v. City of Hopkins, 393 N.W.2d 363 (Minn. 1986) (finding Mitchel

1992See, e.g., McLin v. Trimble, 795 P.2d 1035 (Okl. 1990) (determining Mitchell was mandate to state courts, but stating the Supremacy Clause did not create state appellate court jurisdiction absent another jurisdictional basis, with result that exercise of original jurisdiction was proper); Henke v. Superior Court, 161 Ariz. 96 , 775 P.2d 1160 (Ct.App. 1989) (although denial of motion to dismiss was non-appealable interlocutory order, jurisdictional relief was granted under the "unusual step" of a special-action petition); Anderson v. City of Hopkins, 393 N.W.2d 363 (Minn. 1986) (finding Mitchel

11992–1992
Anderson v. City of Hopkins green
minn · 1986
1 sentence

1992See, e.g., McLin v. Trimble, 795 P.2d 1035 (Okl. 1990) (determining Mitchell was mandate to state courts, but stating the Supremacy Clause did not create state appellate court jurisdiction absent another jurisdictional basis, with result that exercise of original jurisdiction was proper); Henke v. Superior Court, 161 Ariz. 96 , 775 P.2d 1160 (Ct.App. 1989) (although denial of motion to dismiss was non-appealable interlocutory order, jurisdictional relief was granted under the "unusual step" of a special-action petition); Anderson v. City of Hopkins, 393 N.W.2d 363 (Minn. 1986) (finding Mitchel

11992–1992
Reyes v. State green
fladistctapp · 1971
1 sentence

1986We believe the evidence regarding his very recent experience with his prior facility in Iowa was relevant to show that the defendant had special reason to have had his attention drawn to the day-to-day management and care of the residents at the Heritage and that he was therefore, contrary to his assertions, knowledgeable of the conditions at the Heritage. [3] "FEATURE OF TRIAL" Having concluded that the above categories of evidence were relevant and properly admitted, we turn to appellant's argument that the Williams Rule evidence was so pervasive that it became a prohibited "feature of the t

11986–1986
Fletcher v. State green
fladistctapp · 1985
1 sentence

1986In Fletcher v. State, 472 So.2d 537 (Fla. 5th DCA 1985), the court stated that it was not fatal to the prosecution that a weapon was not introduced into evidence inasmuch as the police never found one.

11986–1986
Williams v. State green
fla · 1960
1 sentence

1986We believe the evidence regarding his very recent experience with his prior facility in Iowa was relevant to show that the defendant had special reason to have had his attention drawn to the day-to-day management and care of the residents at the Heritage and that he was therefore, contrary to his assertions, knowledgeable of the conditions at the Heritage. [3] "FEATURE OF TRIAL" Having concluded that the above categories of evidence were relevant and properly admitted, we turn to appellant's argument that the Williams Rule evidence was so pervasive that it became a prohibited "feature of the t

11986–1986
North Georgia Finishing, Inc. v. Di-Chem, Inc. green
scotus · 1975
1 sentence

1977North Georgia Finishing, supra, 419 U.S. at *572 606-607, 95 S.Ct. 719 .

11977–1977
Schmerber v. California green
scotus · 1966
2 sentences

1969The trial Court denied Mitchell's motion to suppress the blood-taking evidence upon the authority of Schmerber v. State of California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 .

1969The trial Court denied Mitchell's motion to suppress the blood-taking evidence upon the authority of Schmerber v. State of California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 .

11969–1969

Where else courts name it

CA 25 (1988–2026) OH 23 (1986–2026) TX 23 (1914–2025) GA 19 (1990–2023) FL 17 (1969–2018) NY 16 (1977–2025) PA 14 (1999–2025) AL 11 (1990–2010) HI 11 (1985–2026) IL 10 (1990–2021) MO 9 (1982–2020) IN 9 (1987–2020) AZ 7 (1972–2014) AR 7 (1952–2023) WA 7 (1976–2026) NM 6 (1989–2019) MN 6 (1979–2016) SC 6 (2001–2026) IA 6 (2021–2026) MI 5 (1976–2023) TN 5 (2017–2025) UT 5 (2007–2023) WY 5 (1998–2023) WI 5 (1953–2025) DE 5 (2015–2024) MD 5 (1994–2024) LA 4 (1964–2001) OK 4 (1995–2018) DC 4 (1951–2013) VA 4 (1955–2021) MA 3 (2002–2016) AK 3 (1995–2021) CO 3 (1965–2025) MS 3 (1986–2021) KS 3 (2003–2015) NE 2 (2016–2016) VT 2 (2000–2010) NV 2 (2006–2015) SD 2 (1987–2009) WV 2 (1993–2003) MT 2 (1976–2009) ME 2 (2006–2010) NJ 2 (1984–2020) KY 2 (2000–2025) NH 2 (2001–2003)

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.

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