constitutional predicate claim (Florida) · Go Syfert
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constitutional predicate claim in Florida

14 Florida opinions name it 2 courts 1983–2017 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 (5)

CaseFollowedCited
Cuyler v. Sullivangreen
scotus · 1980 · cited in 14 Florida opinions naming this issue, 1983–2017
2 sentences

2017See Herring v. State, 730 So.2d 1264, 1267 (Fla. 1998), A possible, speculative or merely hypothetical conflict is “insufficient to impugn a criminal conviction.” Cuyler, 446 U.S. at 350 , 100 S.Ct. 1708 . “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Id.

2017See Herring v. State, 730 So.2d 1264, 1267 (Fla. 1998), A possible, speculative or merely hypothetical conflict is “insufficient to impugn a criminal conviction.” Cuyler, 446 U.S. at 350 , 100 S.Ct. 1708 . “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Id.

514
Hunter v. Stategreen
fla · 2002 · cited in 2 Florida opinions naming this issue, 2007–2016
2 sentences

2016See Hunter v. State, 817 So.2d 786, 791-92 (Fla.2002) (“[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” (quoting Cuyler v. Sullivan, 446 U.S. 335, 350 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980))).

2007Id. at 792 (citations omitted) (quoting Cuyler v. Sullivan, 446 U.S. 335, 349 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980)).

22
Glasser v. United Statesgreen
scotus · 1942 · cited in 2 Florida opinions naming this issue, 1985–2007
2 sentences

2007Cuyler v. Sullivan, 446 U.S. 335, 349-50 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980) (citation omitted) (citing Holloway v. Arkansas, 435 U.S. 475, 487-91 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978); Glasser v. United States, 315 U.S. 60, 72-75 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)).

2007Cuyler v. Sullivan, 446 U.S. 335, 349-50 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980) (citation omitted) (citing Holloway v. Arkansas, 435 U.S. 475, 487-91 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978); Glasser v. United States, 315 U.S. 60, 72-75 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)).

12
Herring v. Stategreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017See Herring v. State, 730 So.2d 1264, 1267 (Fla. 1998), A possible, speculative or merely hypothetical conflict is “insufficient to impugn a criminal conviction.” Cuyler, 446 U.S. at 350 , 100 S.Ct. 1708 . “[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” Id.

11
Sliney v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008A possible, speculative or merely hypothetical conflict is "insufficient to impugn a criminal conviction." "[U]ntil a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance." Sliney v. State, 944 So.2d 270, 279 (Fla. 2006) (citations omitted) (quoting Cuyler, 446 U.S. at 350 , 100 S.Ct. 1708 ).

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 (1)

CaseCitedYears
Holloway v. Arkansas green
scotus · 1978
2 sentences

2007Cuyler v. Sullivan, 446 U.S. 335, 349-50 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980) (citation omitted) (citing Holloway v. Arkansas, 435 U.S. 475, 487-91 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978); Glasser v. United States, 315 U.S. 60, 72-75 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)).

2007Cuyler v. Sullivan, 446 U.S. 335, 349-50 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980) (citation omitted) (citing Holloway v. Arkansas, 435 U.S. 475, 487-91 , 98 S.Ct. 1173 , 55 L.Ed.2d 426 (1978); Glasser v. United States, 315 U.S. 60, 72-75 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)).

12007–2007

Where else courts name it

TX 33 (1980–2026) FL 14 (1983–2017) TN 13 (1998–2022) MN 9 (1991–2024) GA 8 (1999–2023) SC 7 (1993–2015) MD 7 (1995–2023) MO 7 (1985–2024) PA 7 (1982–2020) KS 6 (1995–2021) WA 5 (2003–2020) AL 5 (1988–2010) CO 4 (1985–2015) OH 4 (1988–2008) ID 4 (1996–2010) LA 4 (1988–2016) DC 4 (1999–2016) UT 4 (1990–2015) NC 3 (1982–2006) MI 3 (1982–2017) IN 3 (1985–2014) AR 3 (2002–2005) CA 2 (1986–2011) RI 2 (2001–2011) IA 2 (1981–1988)

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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