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14 Florida opinions name it 2 courts 1969–2023 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 |
|---|---|---|
Steele v. Kehoegreen2 sentences2015See Denard v. State, 152 So.3d 1257, 1259 (Fla. 5th DCA 2014); Downs v. State, 135 So.3d 521, 522 (Fla. 5th DCA 2014) (citing Steele v. Kehoe, 747 So.2d 931, 934 (Fla.1999)). 2000In Steele v. Kehoe, 747 So.2d 931 (Fla. 1999), the Florida Supreme Court held that a prisoner should be allowed to file a belated rule 3.850 motion, if the deadline is missed because the prisoner's lawyer had agreed to file the motion and failed to do so. | 2 | 4 |
Brimage v. Stategreen2 sentences2012See Latson v. State, 963 So.2d 983 (Fla. 4th DCA 2007); Brimage, 937 So.2d at 230 . 2007See Brimage v. State, 937 So.2d 230 (Fla. 3d DCA 2006). | 1 | 2 |
Hargrove v. CSX Transp., Inc.green1 sentence2018A defendant who is permitted to make a belated challenge to jurisdiction after being found guilty effectively seeks to substantially benefit from sitting on his hands, “confident that an unvoiced objection will garner a new trial if the verdict is unfavorable.” Hargrove v. CSX Transp., Inc., 631 So. 2d 345, 346 (Fla. 2d DCA 1994). | 1 | 1 |
Downs v. Stategreen1 sentence2015See Denard v. State, 152 So.3d 1257, 1259 (Fla. 5th DCA 2014); Downs v. State, 135 So.3d 521, 522 (Fla. 5th DCA 2014) (citing Steele v. Kehoe, 747 So.2d 931, 934 (Fla.1999)). | 1 | 1 |
Denard v. Stategreen1 sentence2015See Denard v. State, 152 So.3d 1257, 1259 (Fla. 5th DCA 2014); Downs v. State, 135 So.3d 521, 522 (Fla. 5th DCA 2014) (citing Steele v. Kehoe, 747 So.2d 931, 934 (Fla.1999)). | 1 | 1 |
Latson v. Stategreen1 sentence2012See Latson v. State, 963 So.2d 983 (Fla. 4th DCA 2007); Brimage, 937 So.2d at 230 . | 1 | 1 |
Gonzalez v. Stategreen1 sentence2006See Miller v. State, 805 So.2d 971 (Fla. 2d DCA 2001) ("Because of the erroneous information provided to Miller concerning the status of his convictions and the resultant confusion, we believe that it is appropriate under these extraordinary circumstances to permit Miller to file a belated rule 3.850 motion."). | 1 | 1 |
Medrano v. Stategreen1 sentence2001See Medrano v. State, 748 So.2d 986 (Fla.1999); Steele v. Kehoe, 747 So.2d 931 (Fla.1999); Haynes v. State, 757 So.2d 517 (Fla. 4th DCA 2000); Giles v. State, 773 So.2d 1167 (Fla. 2d DCA 2000). | 1 | 1 |
State v. Weeksgreen1 sentence2000As this Court stated in State v. Weeks, 166 So.2d 892, 896 (Fla.1964), and reiterated in Steele, "[postconviction] remedies are subject to the more flexible standards of due process announced in the Fifth Amendment, Constitution of the United States." We conclude that those same flexible standards of due process which compelled our decision in Steele prevail where a defendant has timely requested counsel to file an appeal from the denial of a 3.850 motion and counsel fails to do so. | 1 | 1 |
Zaetler v. Stategreen1 sentence1995In Zaetler v. State, 627 So.2d 1328, 1329 (Fla. 3d DCA 1993), review denied, 639 So.2d 984 (Fla. 1994), a plea colloquy in which the defendant testified that no promises had been made to him "other than the plea-negotiated sentence promise" conclusively refuted the defendant's belated claim that counsel had misrepresented the amount of sentence he would serve. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Baker v. State
green
1 sentence2023Prosecutorial misconduct “[H]abeas corpus is not an available remedy in lieu of a belated rule 3.850 motion for postconviction relief . . . .” Concepcion v. State, 304 So. 3d 1261 , 1263 (Fla. 3d DCA 2020) (citing Baker, 878 So. 2d at 1242 ). | 1 | 2023–2023 |
Williams v. State
neutral
1 sentence2003Id. | 1 | 2003–2003 |
Haynes v. State
green
1 sentence2001See Medrano v. State, 748 So.2d 986 (Fla.1999); Steele v. Kehoe, 747 So.2d 931 (Fla.1999); Haynes v. State, 757 So.2d 517 (Fla. 4th DCA 2000); Giles v. State, 773 So.2d 1167 (Fla. 2d DCA 2000). | 1 | 2001–2001 |
Giles v. State
green
1 sentence2001See Medrano v. State, 748 So.2d 986 (Fla.1999); Steele v. Kehoe, 747 So.2d 931 (Fla.1999); Haynes v. State, 757 So.2d 517 (Fla. 4th DCA 2000); Giles v. State, 773 So.2d 1167 (Fla. 2d DCA 2000). | 1 | 2001–2001 |
Demaria v. State
green
1 sentence2000We find the State's attempt to distinguish Steele unavailing: "If a defendant potentially can file a belated rule 3.850 motion due to counsel's neglect, it should follow that the defendant can file a belated appeal of the trial court's denial of a rule 3.850 or rule 3.800 motion due to counsel's neglect." Demaria v. State, 778 So.2d 302 (Fla. 2d DCA) review granted, 761 So.2d 328 (Fla.2000). | 1 | 2000–2000 |
Steele v. Kehoe
green
1 sentence1998Weekly D771 , — So.2d -, 1998 WL 121499 (Fla. 5th DCA Mar.20, 1998)(Sharp, J., concurring special-lyXGriffin, C.J., dissenting), it is not entirely clear that the opinion in Lambrix actually stands for the proposition that a petitioner may not, by alleging ineffective assistance of post-conviction counsel, obtain relief by way of permission to file a belated rule 3.850 motion where privately-retained counsel fails to timely file the motion as requested and hired to do. | 1 | 1998–1998 |
Pierson v. State
green
1 sentence1969Victor v. Lane, 394 F.2d 268 (7th Cir.1968); Pierson v. State, 214 So.2d 17 (1st Dist.Fla.App.1968); Milligan v. State, 194 So.2d 663 (2d Dist.Fla.App.1967); Murray v. State, 191 So.2d 292 (3d Dist.Fla.App.1966); Nelson v. State, 208 So.2d 506 (4th Dist.Fla.App.1968). | 1 | 1969–1969 |
Joseph Muncie Victor v. Ward Lane, Warden of Indiana State Prison
green
1 sentence1969Victor v. Lane, 394 F.2d 268 (7th Cir.1968); Pierson v. State, 214 So.2d 17 (1st Dist.Fla.App.1968); Milligan v. State, 194 So.2d 663 (2d Dist.Fla.App.1967); Murray v. State, 191 So.2d 292 (3d Dist.Fla.App.1966); Nelson v. State, 208 So.2d 506 (4th Dist.Fla.App.1968). | 1 | 1969–1969 |
Murray v. State
neutral
1 sentence1969Victor v. Lane, 394 F.2d 268 (7th Cir.1968); Pierson v. State, 214 So.2d 17 (1st Dist.Fla.App.1968); Milligan v. State, 194 So.2d 663 (2d Dist.Fla.App.1967); Murray v. State, 191 So.2d 292 (3d Dist.Fla.App.1966); Nelson v. State, 208 So.2d 506 (4th Dist.Fla.App.1968). | 1 | 1969–1969 |
Nelson v. State
green
1 sentence1969Victor v. Lane, 394 F.2d 268 (7th Cir.1968); Pierson v. State, 214 So.2d 17 (1st Dist.Fla.App.1968); Milligan v. State, 194 So.2d 663 (2d Dist.Fla.App.1967); Murray v. State, 191 So.2d 292 (3d Dist.Fla.App.1966); Nelson v. State, 208 So.2d 506 (4th Dist.Fla.App.1968). | 1 | 1969–1969 |
Milligan v. State
green
1 sentence1969Victor v. Lane, 394 F.2d 268 (7th Cir.1968); Pierson v. State, 214 So.2d 17 (1st Dist.Fla.App.1968); Milligan v. State, 194 So.2d 663 (2d Dist.Fla.App.1967); Murray v. State, 191 So.2d 292 (3d Dist.Fla.App.1966); Nelson v. State, 208 So.2d 506 (4th Dist.Fla.App.1968). | 1 | 1969–1969 |
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.