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13 Florida opinions name it 2 courts 1985–2022 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 |
|---|---|---|
Irvin v. Stategreen2 sentences1985See Irvin v. State, 66 So.2d 288 (Fla.1953) (“[Pjrocedure should not be a fetish and we should not commit ourselves to procedure for procedure’s sake. 1985See Irvin v. State, 66 So.2d 288 (Fla. 1953) ("[P]rocedure should not be a fetish and we should not commit ourselves to procedure for procedure's sake. | 2 | 2 |
Nelfrard v. Stategreen1 sentence2022We further stated that even if the trial court “did not hold a hearing to determine adversity between defendant and counsel, the failure to conduct a hearing is at most harmless error, because conflict-free counsel would not be required where defendant’s allegations were conclusively refuted by the record.” Id. at 224 (emphasis added). 5 We note both Sheppard and Nelfrard discussed this newer procedure in the context of a pro se motion to withdraw plea after sentencing pursuant to rule 3.170(l), and did not mention whether this procedure is similarly applicable in the context of a pro se motio | 1 | 1 |
Farese v. Palm Beach Partners, Ltd.green1 sentence2019See Farese v. Palm Beach Partners, Ltd., 781 So. 2d 419 (Fla. 4th DCA 2001) (reversing denial of motion to intervene where court failed to conduct an 2 On its face, the motion and the existing record would appear to support intervention. | 1 | 1 |
State v. Schoppgreen1 sentence2005See State v. Schopp, 653 So.2d 1016 (Fla.1995). | 1 | 1 |
Dydek v. Stategreen1 sentence1997See Dydek v. State, 400 So.2d 1255 (Fla. 2d DCA 1981); State v. Fox, 659 So.2d 1324 (Fla. 3d DCA 1995). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Richardson v. State
green
2 sentences1988The failure to conduct a hearing pursuant to Richardson v. State, 246 So.2d 771 (Fla. 1971), regarding a defense witness. 8. 1985Although we conclude the error was harmless beyond a reasonable doubt, we feel compelled to reverse because this court has consistently acted under the belief that the failure to conduct an inquiry as required by Richardson v. State, 246 So.2d 771 (Fla. 1971), compels a per se reversal. | 2 | 1985–1988 |
State v. Fox
green
1 sentence1997See Dydek v. State, 400 So.2d 1255 (Fla. 2d DCA 1981); State v. Fox, 659 So.2d 1324 (Fla. 3d DCA 1995). | 1 | 1997–1997 |
US Fire Ins. v. Morrison Assur.
green
1 sentence1995Co., 600 So.2d 1147 (Fla. 1st DCA), rev. dismissed, 604 So.2d 489 (Fla.1992), this court ruled that an excess insurance carrier has the right to bring claims against the primary insurance carrier for the failure to conduct a defense in good faith under the theory of equitable subrogation. | 1 | 1995–1995 |
Gamba v. Gamba
neutral
1 sentence1992Castranova v. Auth, 590 So.2d 28 (Fla. 5th DCA1991); Prom v. Prom, 589 So.2d 1363 (Fla. 1st DCA1991); Gamba v. Gamba, 587 So.2d 1162 (Fla. 4th DCA1991). | 1 | 1992–1992 |
Castranova v. Auth
green
1 sentence1992Castranova v. Auth, 590 So.2d 28 (Fla. 5th DCA1991); Prom v. Prom, 589 So.2d 1363 (Fla. 1st DCA1991); Gamba v. Gamba, 587 So.2d 1162 (Fla. 4th DCA1991). | 1 | 1992–1992 |
Florida Patient's Compensation Fund v. Rowe
green
1 sentence1992In my view, the failure to conduct a hearing, to take testimony on the contested issues and to make appropriate findings in accordance with Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985) was error. | 1 | 1992–1992 |
Prom v. Prom
green
1 sentence1992Castranova v. Auth, 590 So.2d 28 (Fla. 5th DCA1991); Prom v. Prom, 589 So.2d 1363 (Fla. 1st DCA1991); Gamba v. Gamba, 587 So.2d 1162 (Fla. 4th DCA1991). | 1 | 1992–1992 |
Jones v. State
neutral
1 sentence1990Further, unlike Jones v. State, 558 So.2d 131 (Fla. 1st DCA 1990), there is no specific factual allegation of incompetency on the part of defense counsel. [1] In light of the overwhelming evidence of guilt, the legal insufficiency of the motion, the defendant's failure to pursue the motion although having the opportunity to do so, and a record which reveals no evidence of incompetency, we find that the failure to conduct an inquiry was harmless error. | 1 | 1990–1990 |
State v. Neil
green
1 sentence1988In State v. Neil, 457 So.2d 481 (Fla. 1984), the Florida Supreme Court established the following test to determine improper bias in the prosecution's exercise of peremptory challenges to exclude black jurors: A party concerned about the other side's use of peremptory challenges must make a timely objection and demonstrate on the record that the challenged persons are members of a distinct racial group and that there is a strong likelihood that they have been challenged solely because of their race. | 1 | 1988–1988 |
United States v. Reginald A. Morrissey
green
1 sentence1988See McKee v. Harris , (where failure to inquire causes the defendant no harm, such procedural irregularity cannot by itself be a basis for granting a writ of habeas corpus); United States v. Morrissey, 461 F.2d 666 (2d Cir.1972) (trial court's perfunctory inquiry was not erroneous where complete record showed no irreconcilable conflict which seriously impaired attorney's usefulness); State v. Green, 476 So.2d 321 (Fla. 2d DCA 1985) (no error caused by the court's failure to conduct inquiry where defendant effectively withdrew request for discharge of court-appointed counsel); State v. Hurst, 8 | 1 | 1988–1988 |
State v. Green
green
1 sentence1988See McKee v. Harris , (where failure to inquire causes the defendant no harm, such procedural irregularity cannot by itself be a basis for granting a writ of habeas corpus); United States v. Morrissey, 461 F.2d 666 (2d Cir.1972) (trial court's perfunctory inquiry was not erroneous where complete record showed no irreconcilable conflict which seriously impaired attorney's usefulness); State v. Green, 476 So.2d 321 (Fla. 2d DCA 1985) (no error caused by the court's failure to conduct inquiry where defendant effectively withdrew request for discharge of court-appointed counsel); State v. Hurst, 8 | 1 | 1988–1988 |
State v. Hurst
green
2 sentences1988See McKee v. Harris , (where failure to inquire causes the defendant no harm, such procedural irregularity cannot by itself be a basis for granting a writ of habeas corpus); United States v. Morrissey, 461 F.2d 666 (2d Cir.1972) (trial court's perfunctory inquiry was not erroneous where complete record showed no irreconcilable conflict which seriously impaired attorney's usefulness); State v. Green, 476 So.2d 321 (Fla. 2d DCA 1985) (no error caused by the court's failure to conduct inquiry where defendant effectively withdrew request for discharge of court-appointed counsel); State v. Hurst, 8 1988App. 1 , 346 S.E.2d 8 (1986) (although generally it is better practice to inquire as to defendant's objections to court-appointed counsel, trial court is not required to conduct a detailed hearing). | 1 | 1988–1988 |
Carroll v. State
neutral
2 sentences1985In Carroll v. State, 414 So.2d 247 (Fla. 4th DCA 1982), this court said "failure to conduct such inquiry constituted per se reversible error." Id. at 249 . 1985In Carroll v. State, 414 So.2d 247 (Fla. 4th DCA 1982), this court said "failure to conduct such inquiry constituted per se reversible error." Id. at 249 . | 1 | 1985–1985 |
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.