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13 Florida opinions name it 2 courts 2001–2019 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.
| Case | Followed | Cited |
|---|---|---|
Chandler v. Stategreen2 sentences2017Therefore, “[b]ecause [Serrano] could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.” Chandler v. - 15 - State, 848 So. 2d 1031, 1046 (Fla. 2003); see also Thompson v. State, 759 So. 2d 650, 664 (Fla. 2000) (“Because none of these prosecutorial comments would have constituted reversible error had they been objected to at trial, we affirm the trial court ruling summarily denying this 2017See Chandler v. State, 848 So.2d 1031, 1046 (Fla. 2003) (“Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.”); Sheppard v. State, 62 So.3d 14 (Fla. 3d DCA 2011) (applying Chandler in a similar context); c.f. | 8 | 8 |
& SC15-2005 Nelson Serrano v. State of Florida and Nelson Serrano v. Julie L. Jones, etc.green2 sentences2019See Serrano v. State, 225 So. 3d 737, 751 (Fla. 2017) (holding that the defendant could not establish prejudice under Strickland because he failed to show the comments were fundamental error on direct appeal). 2019See Serrano v. State , 225 So.3d 737 , 751 (Fla. 2017) (holding that the defendant could not establish prejudice under Strickland because he failed to show the comments were fundamental error on direct appeal). | 3 | 3 |
Lowe v. Stategreen2 sentences2012See id. at 1046 . (“Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.”) See also Lowe v. State, 2 So.3d 21, 38 (Fla.2008) (“Because the Court found no fundamental error [on direct appeal], Lowe fails to demonstrate that counsel’s failure to object to the comments resulted in prejudice suffi cient to undermine the outcome of the trial under Strickland.”). 2009Cf Lowe v. State, 2 So.3d 21, 38 (Fla.2008) (“Because the Court found no fundamental error [on direct appeal], Lowe fails to demonstrate that counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the trial under Strickland [ 1 ].”); Chandler v. State, 848 So.2d 1031, 1046 (Fla.2003) (“Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of | 2 | 2 |
Strickland v. Washingtongreen2 sentences2011In Chandler v. State, 848 So.2d 1031, 1046 (Fla.2003), the Florida Supreme Court stated that “[b]ecause [the defendant] could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure, to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.” See Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2011In Chandler v. State, 848 So.2d 1031, 1046 (Fla.2003), the Florida Supreme Court stated that “[b]ecause [the defendant] could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure, to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.” See Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2 |
Thompson v. Stategreen2 sentences2017Therefore, “[b]ecause [Serrano] could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.” Chandler v. - 15 - State, 848 So. 2d 1031, 1046 (Fla. 2003); see also Thompson v. State, 759 So. 2d 650, 664 (Fla. 2000) (“Because none of these prosecutorial comments would have constituted reversible error had they been objected to at trial, we affirm the trial court ruling summarily denying this 2017Therefore, “[because [Serrano] could not show the comments were fundamental error on. direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.” Chandler v. State, 848 So.2d 1031, 1046 (Fla. 2003); see also Thompson v. State, 759 So.2d 650, 664 (Fla. 2000) (“Because none of these prosecutorial comments would have constituted reversible error had they been objected to at trial, we affirm the trial court ruling summarily denying this claim.”) | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Clarke v. State
green
2 sentences2017Clarke v. State, 102 So.3d 763 (Fla. 4th DCA 2012) (distinguishing Chandler because the Court had affirmed the direct appeal without a written opinion and therefore did not reveal whether it had found that no fundamental error occurred). 2016Clarke v. State, 102 So. 3d 763 (Fla. 2012) (distinguishing Chandler because the Court had affirmed the direct appeal without a written opinion and therefore did not reveal whether it had found that no fundamental error occurred). | 2 | 2016–2017 |
Sheppard v. State
neutral
2 sentences2017See Chandler v. State, 848 So.2d 1031, 1046 (Fla. 2003) (“Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.”); Sheppard v. State, 62 So.3d 14 (Fla. 3d DCA 2011) (applying Chandler in a similar context); c.f. 2016See Chandler v. State, 848 So. 2d 1031, 1046 (Fla. 2003) (“Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel’s failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test.”); Sheppard v. State, 62 So. 3d 14 (Fla. 3d DCA 2011) (applying Chandler in a similar context); c.f. | 2 | 2016–2017 |
Bryant v. State
green
1 sentence2008Chandler v. State, 848 So.2d 1031, 1046 (Fla. 2003) ("Because Chandler could not show the comments were fundamental error on direct appeal, he likewise cannot show that trial counsel's failure to object to the comments resulted in prejudice sufficient to undermine the outcome of the case under the prejudice prong of the Strickland test."). [9] In Bryant v. State, 901 So.2d 810 (Fla.2005), we said that by finding that Bryant's 3.851 motion should not have been stricken without leave to amend, we were not condoning or encouraging the practice of filing shell postconviction motions. | 1 | 2008–2008 |
Thomas v. State
green
1 sentence2001"In order to constitute fundamental error, improper comments made in the closing arguments of a penalty phase must be so prejudicial as to taint the jury's recommended sentence." Thomas v. State, 748 So.2d 970 , 985 n. 10 (Fla.1999). | 1 | 2001–2001 |
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.