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14 Florida opinions name it 2 courts 1972–2021 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 |
|---|---|---|
Upjohn Co. v. United Statesgreen2 sentences2018In doing so, the Court reasoned that, "[m]aking the promise of confidentiality contingent upon a trial judge's later evaluation *834 of the relative importance of the patient's interest in privacy and the evidentiary need for disclosure would eviscerate the effectiveness of the privilege.... [I]f the purpose of the privilege is to be served, the participants in the confidential conversation must be able to predict with some degree of certainty whether particular discussions will be protected." Id. at 17 , 116 S.Ct. 1923 (quoting Upjohn Co. v. United States , 449 U.S. 383 , 392, 101 S.Ct. 677 , 2018In doing so, the Court reasoned that, "[m]aking the promise of confidentiality contingent upon a trial judge's later evaluation *834 of the relative importance of the patient's interest in privacy and the evidentiary need for disclosure would eviscerate the effectiveness of the privilege.... [I]f the purpose of the privilege is to be served, the participants in the confidential conversation must be able to predict with some degree of certainty whether particular discussions will be protected." Id. at 17 , 116 S.Ct. 1923 (quoting Upjohn Co. v. United States , 449 U.S. 383 , 392, 101 S.Ct. 677 , | 1 | 3 |
City of Palm Bay v. Wells Fargo Bank, N.A.green1 sentence2014See City of Palm Bay v. Wells Fargo Bank, N.A., 114 So.3d 924 (Fla.2013) for additional discussion of priority of interests in real estate. 3 . | 1 | 1 |
Foster v. Stategreen1 sentence2008Foster v. State, 704 So.2d 169, 172-73 (Fla. 4th DCA 1997). | 1 | 1 |
Haugabook v. Stategreen1 sentence1998See Dukes v. State, 508 So.2d 455, 456 (Fla. 2d DCA 1987); accord Haugabook v. State, 689 So.2d 1245, 1246 (Fla. 4th DCA 1997); cf. Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1978). | 1 | 1 |
In re Estate of Whitleygreen1 sentence1998See Dukes v. State, 508 So.2d 455, 456 (Fla. 2d DCA 1987); accord Haugabook v. State, 689 So.2d 1245, 1246 (Fla. 4th DCA 1997); cf. Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1978). | 1 | 1 |
Nelson v. Stategreen1 sentence1998See Dukes v. State, 508 So.2d 455, 456 (Fla. 2d DCA 1987); accord Haugabook v. State, 689 So.2d 1245, 1246 (Fla. 4th DCA 1997); cf. Nelson v. State, 274 So.2d 256, 258-59 (Fla. 4th DCA 1978). | 1 | 1 |
Loren v. Stategreen1 sentence1996Although the general rule is that such claims are barred on direct appeal, an exception “arises when the record below is sufficient to allow determination of an effectiveness claim.” Loren v. State, 601 So.2d 271, 272-273 (Fla. 1st DCA 1992). | 1 | 1 |
Lynn v. Stategreen1 sentence1992See also Lynn v. State, 567 So.2d 1043 (Fla. 5th DCA 1990) (effectiveness claim regarding trial counsel's failure to move to suppress certain evidence considered on direct appeal). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jaffee v. Redmond
green
2 sentences2018In doing so, the Court reasoned that, "[m]aking the promise of confidentiality contingent upon a trial judge's later evaluation *834 of the relative importance of the patient's interest in privacy and the evidentiary need for disclosure would eviscerate the effectiveness of the privilege.... [I]f the purpose of the privilege is to be served, the participants in the confidential conversation must be able to predict with some degree of certainty whether particular discussions will be protected." Id. at 17 , 116 S.Ct. 1923 (quoting Upjohn Co. v. United States , 449 U.S. 383 , 392, 101 S.Ct. 677 , 2018In doing so, the Court reasoned that, "[m]aking the promise of confidentiality contingent upon a trial judge's later evaluation *834 of the relative importance of the patient's interest in privacy and the evidentiary need for disclosure would eviscerate the effectiveness of the privilege.... [I]f the purpose of the privilege is to be served, the participants in the confidential conversation must be able to predict with some degree of certainty whether particular discussions will be protected." Id. at 17 , 116 S.Ct. 1923 (quoting Upjohn Co. v. United States , 449 U.S. 383 , 392, 101 S.Ct. 677 , | 4 | 2002–2018 |
McMann v. Richardson
green
2 sentences2021Worded differently, 2 Prior to Strickland, the applicable effectiveness standard was governed by McMann v. Richardson, 397 U.S. 759, 770-71 , 90 S. Ct. 1441, 1448-49 , 25 L. 2021Worded differently, 2 Prior to Strickland, the applicable effectiveness standard was governed by McMann v. Richardson, 397 U.S. 759, 770-71 , 90 S. Ct. 1441, 1448-49 , 25 L. | 1 | 2021–2021 |
Fasano v. State
green
2 sentences1992For example, in Fasano v. State, 548 So.2d 1191 (Fla. 4th DCA 1989), the court concluded that an effectiveness claim based on dual representation of codefendants during the same trial could be considered on direct appeal where the facts giving rise to a claim of conflict or prejudice to defendant were apparent on the face of the record. 1992For example, in Fasano v. State, 548 So.2d 1191 (Fla. 4th DCA 1989), the court concluded that an effectiveness claim based on dual representation of codefendants during the same trial could be considered on direct appeal where the facts giving rise to a claim of conflict or prejudice to defendant were apparent on the face of the record. | 1 | 1992–1992 |
Wilson v. State
green
1 sentence1992Simultaneously with the release of this case, our court has issued Wilson v. State, 605 So.2d 141 (Fla. 4th DCA 1992), which rejects the effectiveness of a waiver. | 1 | 1992–1992 |
Squires v. State
green
1 sentence1992Squires, 558 So.2d at 403 (quoting Strickland ). *274 Although the trial transcript, including appellant's motions for continuance and mistrial and the argument thereon, is not part of the record on appeal, a review of this court's file [1] for appellant's direct appeal indicates that the only aspect of ineffective assistance of counsel that was previously argued was the timing element; that is, the haste in which the case was brought to trial. | 1 | 1992–1992 |
Johnson v. Zerbst
red
2 sentences1988The Curtis court went on to conclude that the right to testify is so fundamental that the effectiveness of its waiver must be tested by the same constitutional standards applicable to waiver of the right to counsel established by the United States Supreme Court in Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938). 1988The Curtis court went on to conclude that the right to testify is so fundamental that the effectiveness of its waiver must be tested by the same constitutional standards applicable to waiver of the right to counsel established by the United States Supreme Court in Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938). | 1 | 1988–1988 |
People v. Curtis
green
1 sentence1988Thus, the Colorado court held that "waiver of the right to testify must be voluntary, knowing and intentional, and the existence of effective waiver should be ascertained by the trial court on the record." 681 P.2d at 515 . | 1 | 1988–1988 |
Tucker v. State
green
1 sentence1985The test for the effectiveness of a waiver of the statute of limitations defense was set out as follows ( 459 So.2d at 309 ): The statute of limitations defense is an absolute protection against prosecution or conviction. | 1 | 1985–1985 |
Haddock v. Board of Public Instruction
neutral
2 sentences1972The further suggested question of whether an award of damages to teachers would violate Florida law, we answer in the affirmative upon the authority of Board of Public Instruction of Marion County v. Cannon, 83 Fla. 602 , 92 So. 149 (1922), and Haddock v. Board of Public Instruction for Manatee County, 103 Fla. 1157 , 139 So. 147 (1932), holding: "The Constitution (article 12, § 9) provides that county school funds shall be used `solely for the support and maintenance of public free schools.' Even if a three-year teacher's contract is contemplated by the law and such contract is illegally brea 1972The further suggested question of whether an award of damages to teachers would violate Florida law, we answer in the affirmative upon the authority of Board of Public Instruction of Marion County v. Cannon, 83 Fla. 602 , 92 So. 149 (1922), and Haddock v. Board of Public Instruction for Manatee County, 103 Fla. 1157 , 139 So. 147 (1932), holding: "The Constitution (article 12, § 9) provides that county school funds shall be used `solely for the support and maintenance of public free schools.' Even if a three-year teacher's contract is contemplated by the law and such contract is illegally brea | 1 | 1972–1972 |
Board of Public Instruction v. Cannon
neutral
2 sentences1972The further suggested question of whether an award of damages to teachers would violate Florida law, we answer in the affirmative upon the authority of Board of Public Instruction of Marion County v. Cannon, 83 Fla. 602 , 92 So. 149 (1922), and Haddock v. Board of Public Instruction for Manatee County, 103 Fla. 1157 , 139 So. 147 (1932), holding: "The Constitution (article 12, § 9) provides that county school funds shall be used `solely for the support and maintenance of public free schools.' Even if a three-year teacher's contract is contemplated by the law and such contract is illegally brea 1972The further suggested question of whether an award of damages to teachers would violate Florida law, we answer in the affirmative upon the authority of Board of Public Instruction of Marion County v. Cannon, 83 Fla. 602 , 92 So. 149 (1922), and Haddock v. Board of Public Instruction for Manatee County, 103 Fla. 1157 , 139 So. 147 (1932), holding: "The Constitution (article 12, § 9) provides that county school funds shall be used `solely for the support and maintenance of public free schools.' Even if a three-year teacher's contract is contemplated by the law and such contract is illegally brea | 1 | 1972–1972 |
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.
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.