rare exception (Florida) · Go Syfert
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rare exception in Florida

14 Florida opinions name it 3 courts 1966–2019 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 (11)

CaseFollowedCited
Pompano Horse Club, Inc. v. State Ex Rel. Bryangreen
fla · 1927 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019Pompano Horse Club, Inc. v. State, 111 So. 801, 805 (Fla. 1927); see also Telophase Soc’y of Fla., Inc. v. State Bd. of Funeral Dirs. & Embalmers, 334 So. 2d 563, 565 , 566–67 (Fla. 1976) (upholding disjunctive use of “or” where statute defined “funeral directing” as the “profession of directing or supervising funerals for profit, or the profession of preparing dead human bodies for burial or cremation by means other than embalming, or the disposition or shipping of dead human bodies, or the provision or maintenance of a place for the preparation of dead human bodies.”); Antonin Scalia & Bryan

11
Telophase Soc. of Fla., Inc. v. STATE BD. OF FUN. D. & E.green
fla · 1976 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019Pompano Horse Club, Inc. v. State, 111 So. 801, 805 (Fla. 1927); see also Telophase Soc’y of Fla., Inc. v. State Bd. of Funeral Dirs. & Embalmers, 334 So. 2d 563, 565 , 566–67 (Fla. 1976) (upholding disjunctive use of “or” where statute defined “funeral directing” as the “profession of directing or supervising funerals for profit, or the profession of preparing dead human bodies for burial or cremation by means other than embalming, or the disposition or shipping of dead human bodies, or the provision or maintenance of a place for the preparation of dead human bodies.”); Antonin Scalia & Bryan

11
Salvatore Bagnara v. State of Floridagreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019Bagnara v. State, 189 So. 3d 167, 171 (Fla. 4th DCA 2016).

11
Bruno v. Stategreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Bruno v. State, 807 So.2d 55, 63 (Fla. 2001).

11
Lesovsky v. Stategreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Lesovsky v. State, 198 So.3d 988, 990 (Fla. 4th DCA 2016).

11
Online Satellite Communication v. GMPCS Personal Communication, Inc.green
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016To meet the rare exception, a defendant must demonstrate not only ineffectiveness on the face of the record and indisputable prejudice, but also “an inconceivable tactical explanation for the conduct.” Morales v. State, 170 So.3d 63, 67 (Fla. 1st DCA 2015).

11
Sampson v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014Rather, in the case of fundamental error on direct appeal, the defendant has the initial burden of persuasion to show that there is a reasonable probability that the error was harmful or “prejudicial.” § 924.051(l)(a), Fla. Stat. (2002); Sampson v. State, 903 So.2d 1055, 1056-57 (Fla. 2d DCA 2005).

11
Kidd v. Stategreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011Odeh has not shown that his case qualifies for the rare exception to this general rule where “the claimed ineffectiveness is apparent on the face of the record.” Kidd v. State, 978 So.2d 868, 869 (Fla. 4th DCA 2008).

11
Rollins, Inc. v. Butlandgreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See Rollins, Inc., 951 So.2d at 873-75 .

11
Crawford & Co. v. Baxlagreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See, e.g., Crawford & Co. v. Baxla, 746 So.2d 576, 577 (Fla. 1st DCA 1999) (holding JCC’s error in admitting and relying upon inadmissible medical testimony was harmless where JCC also relied upon testimony of authorized IME, which essentially mirrored improperly admitted testimony, but explaining affir-mance under such facts “should be viewed as a rare exception” and noting, in the future, such erroneous admissions will likely result in reversal).

11
Robert W. Baucom v. John R. Martin, as District Attorney Pro Tem, Stone Mountain Judicial Circuit, Georgiagreen
ca11 · 1982 · cited in 1 Florida opinions naming this issue, 1984–1984
1 sentence

1984Concerning the role of the federal government in conducting udercover investigations involving the commission of acts by federal agents generally prohibited by state laws, it is now established that such conduct “must be the rare exception and be clearly seen to be reasonable, necessary and proper.” Baucom v. Martin, 677 F.2d 1346, 1351 (11th Cir. 1982).

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 (9)

CaseCitedYears
McMillan v. State green
fladistctapp · 2002
2 sentences

2016Roberts v. State, 374 So. 2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So. 2d 258 (Fla. 1st DCA 1990). 18 have occurred in November of 1872, more than five years earlier.

2016Roberts v. State, 374 So.2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So.3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So.2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So.2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So.2d 258 (Fla. 1st DCA 1990). .

12016–2016
Carver v. State green
fladistctapp · 1990
2 sentences

2016Roberts v. State, 374 So. 2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So. 2d 258 (Fla. 1st DCA 1990). 18 have occurred in November of 1872, more than five years earlier.

2016Roberts v. State, 374 So.2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So.3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So.2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So.2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So.2d 258 (Fla. 1st DCA 1990). .

12016–2016
Hart v. State green
fladistctapp · 1998
2 sentences

2016Roberts v. State, 374 So. 2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So. 2d 258 (Fla. 1st DCA 1990). 18 have occurred in November of 1872, more than five years earlier.

2016Roberts v. State, 374 So.2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So.3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So.2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So.2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So.2d 258 (Fla. 1st DCA 1990). .

12016–2016
Ingraham v. State green
fladistctapp · 2010
2 sentences

2016Roberts v. State, 374 So. 2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So. 2d 258 (Fla. 1st DCA 1990). 18 have occurred in November of 1872, more than five years earlier.

2016Roberts v. State, 374 So.2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So.3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So.2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So.2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So.2d 258 (Fla. 1st DCA 1990). .

12016–2016
Roberts v. State neutral
fladistctapp · 1979
2 sentences

2016Roberts v. State, 374 So. 2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So. 3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So. 2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So. 2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So. 2d 258 (Fla. 1st DCA 1990). 18 have occurred in November of 1872, more than five years earlier.

2016Roberts v. State, 374 So.2d 1000 (Fla. 3d DCA 1979); Ingraham v. State, 32 So.3d 761 (Fla. 2d DCA 2010); McMillan v. State, 832 So.2d 946 (Fla. 5th DCA 2002); Hart v. State, 761 So.2d 334 (Fla. 4th DCA 1998); Carver v. State, 560 So.2d 258 (Fla. 1st DCA 1990). .

12016–2016
Koechli v. BIP Intern., Inc. green
fladistctapp · 2004
1 sentence

2005Id.

12005–2005
In re Amendment to Florida Rules of Criminal Procedure-Rule 3.112 Minimum Standards for Attorneys in Capital Cases green
fla · 1999
1 sentence

2002If the minimum standards we adopt today are to guide trial judges in carrying out this charge, the appointment of attorneys who do not meet the requirements of the rule must be the rare exception and done only when the "trial court has complete and unqualified confidence as to the quality of representation" that the appointed attorneys will provide. 759 So.2d at 613 .

12002–2002
Gonzalez v. State green
fla · 1947
1 sentence

1966Brill v. State, 1947, 159 Fla. 682 , 32 So.2d 607 . *523 We adopt the views stated by our Supreme Court, in Brill v. State, supra, p. 609: "* * * The hearing is in no sense a retrial of the main offense.

11966–1966
Brill v. State green
fla · 1947
1 sentence

1966Brill v. State, 1947, 159 Fla. 682 , 32 So.2d 607 . *523 We adopt the views stated by our Supreme Court, in Brill v. State, supra, p. 609: "* * * The hearing is in no sense a retrial of the main offense.

11966–1966

Where else courts name it

NY 260 (1914–2026) TX 37 (1947–2026) VA 20 (1946–2026) IA 16 (1943–2022) FL 14 (1966–2019) MO 13 (1984–2014) CA 12 (1953–2025) OH 10 (2001–2025) CO 10 (1982–2026) PA 9 (2002–2025) GA 9 (1964–2025) AK 8 (1986–2025) DC 7 (1990–2022) CT 7 (2004–2021) ID 6 (1994–2017) MS 6 (1968–2016) MD 6 (2010–2019) MI 6 (1996–2025) DE 5 (2015–2021) MN 5 (1972–2017) WI 5 (1976–2025) WA 5 (1972–2025) AZ 5 (1989–2025) NH 4 (1974–2015) NE 4 (2001–2024) TN 4 (2010–2013) IL 4 (1985–2025) NJ 3 (2015–2026) MT 3 (2013–2020) ND 3 (1913–2007) VT 2 (2013–2026) OK 2 (2017–2017) MA 2 (1981–2025) ME 2 (2019–2025) WV 2 (1987–2019) KY 2 (1954–2016)

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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