13 Florida opinions name it 2 courts 1976–2014 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 |
|---|---|---|
Palm Beach Newspapers, Inc. v. Burkgreen1 sentence2014In an illustrative juxtaposition, the Court in Palm Beach Newspapers, Inc. v. Burk rejected press access to unfiled depositions in a criminal proceeding by reiterating its rationale for finding a presumption of access in Lewis: Our commitment to opening the judicial process to [pretrial suppression] hearings was predicated on the fact that suppression hearings were judicial proceedings and we, therefore, provided a method for press participation because the public has “a right to know what occurs in the courts.” Discovery depositions are judicially compelled for the purpose of allowing parties | 1 | 1 |
Glock v. Mooregreen1 sentence2010See Glock v. Moore, 776 So.2d 243, 251 (Fla.2001) (“[A]ny claim of newly discovered evidence in a death penalty case must be brought within one year of the date such evidence was discovered or could have been discovered through the exercise of due diligence.”). | 1 | 1 |
United States v. James Edward Wallinggreen1 sentence1984In United States v. Walling, 486 F.2d 229, 234 (9th Cir.1973), the court said: With respect to the temporary detention issue, Walling contends at the outset that the district court erred in allowing Fisher, at a pretrial suppression hearing, to testify to the information Swink had communicated to him, instead of requiring Swink to testify directly as to his own observations. | 1 | 1 |
Wingert v. Stategreen1 sentence1982See Wingert v. State, 353 So.2d 643 (Fla. 3d DCA 1977); Rule 3.190(h)(4), Fla.R.Crim.P., cf. McDonnell v. State, 336 So.2d 553 (Fla.1976); Land v. State, 293 So.2d 704 (Fla.1974). | 1 | 1 |
Aguilar v. Texasred2 sentences1981The trial judge ruled that while the officers did not have probable cause to obtain a search warrant prior to appellant's return to the motel during the stakeout, once he returned, based upon their personal observations and the information received from their sources, there was probable cause to believe, as required by Section 933.02(4)(c), Florida Statutes (1979), that an illegal substance was "being held or possessed." Although this case does not involve as did Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 1981The trial judge ruled that while the officers did not have probable cause to obtain a search warrant prior to appellant's return to the motel during the stakeout, once he returned, based upon their personal observations and the information received from their sources, there was probable cause to believe, as required by Section 933.02(4)(c), Florida Statutes (1979), that an illegal substance was "being held or possessed." Although this case does not involve as did Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Waller v. Georgia
green
2 sentences2002These sentiments were reiterated in Waller v. Georgia, 467 U.S. 39, 44-48 , 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984), in which the Court held that closure of a pretrial suppression hearing violated a defendant's Sixth Amendment right. 2002These sentiments were reiterated in Waller v. Georgia, 467 U.S. 39, 44-48 , 104 S.Ct. 2210 , 81 L.Ed.2d 31 (1984), in which the Court held that closure of a pretrial suppression hearing violated a defendant's Sixth Amendment right. | 3 | 1987–2002 |
Taylor v. State
neutral
2 sentences2010The court recognized that "[t]he content of a dispatch is often relevant at a pretrial suppression hearing" to establish that an officer acted with probable cause and observed that such content "typically plays no role in establishing the elements of the offense at trial." Id. 2010The court recognized that “[t]he content of a dispatch is often relevant at a pretrial suppression hearing” to establish that an officer acted with probable cause and observed that such content “typically plays no role in establishing the elements of the offense at trial.” Id. | 2 | 2010–2010 |
Gannett Co. v. DePasquale
green
2 sentences1987In Gannett Co. v. DePasquale, 443 U.S. 368 , 99 S.Ct. 2898 , 61 L.Ed.2d 608 (1979), the accused, with the acquiescence of the state, persuaded the trial court to deny press and public access to a pretrial suppression hearing because the buildup of adverse publicity jeopardized the defendant's right to a fair trial. 1987In Gannett Co. v. DePasquale, 443 U.S. 368 , 99 S.Ct. 2898 , 61 L.Ed.2d 608 (1979), the accused, with the acquiescence of the state, persuaded the trial court to deny press and public access to a pretrial suppression hearing because the buildup of adverse publicity jeopardized the defendant's right to a fair trial. | 2 | 1987–2002 |
Murray v. State
green
1 sentence2007Id. at 161 . | 1 | 2007–2007 |
Herzog v. State
green
1 sentence1987I am also persuaded, contrary to the holding in Herzog v. State, 439 So.2d 1372 (Fla. 1983), on which the majority relies, that a defendant is required to be present during a pretrial suppression hearing by Florida Rule of Criminal Procedure 3.180(a)(3) and/or (6). | 1 | 1987–1987 |
Miami Herald Publishing Co. v. Lewis
green
1 sentence1987In Lewis , relying on Gannett and Richmond, we held there was no first amendment right "to attend pretrial suppression hearings as distinguished from the right to attend a criminal trial." Lewis, 426 So.2d at 6 . [1] Nevertheless, because of our concern for open government and our belief that public access was an important part of the criminal justice system, we recognized a nonconstitutional right of access and established a three-pronged test to balance the need for public access to a pretrial suppression hearing against the paramount right of the accused to a fair trial. | 1 | 1987–1987 |
Land v. State
green
1 sentence1982See Wingert v. State, 353 So.2d 643 (Fla. 3d DCA 1977); Rule 3.190(h)(4), Fla.R.Crim.P., cf. McDonnell v. State, 336 So.2d 553 (Fla.1976); Land v. State, 293 So.2d 704 (Fla.1974). | 1 | 1982–1982 |
McDonnell v. State
green
1 sentence1982See Wingert v. State, 353 So.2d 643 (Fla. 3d DCA 1977); Rule 3.190(h)(4), Fla.R.Crim.P., cf. McDonnell v. State, 336 So.2d 553 (Fla.1976); Land v. State, 293 So.2d 704 (Fla.1974). | 1 | 1982–1982 |
Spinelli v. United States
red
2 sentences1981The trial judge ruled that while the officers did not have probable cause to obtain a search warrant prior to appellant's return to the motel during the stakeout, once he returned, based upon their personal observations and the information received from their sources, there was probable cause to believe, as required by Section 933.02(4)(c), Florida Statutes (1979), that an illegal substance was "being held or possessed." Although this case does not involve as did Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 1981The trial judge ruled that while the officers did not have probable cause to obtain a search warrant prior to appellant's return to the motel during the stakeout, once he returned, based upon their personal observations and the information received from their sources, there was probable cause to believe, as required by Section 933.02(4)(c), Florida Statutes (1979), that an illegal substance was "being held or possessed." Although this case does not involve as did Aguilar v. Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964) and Spinelli v. United States, 393 U.S. 410 , 89 S.Ct. 584 | 1 | 1981–1981 |
Coleman v. Alabama
green
2 sentences1976Mr. Justice Brennan for four members of the Court stated that this evidence could support a finding that the in-court identification was `entirely based upon observations at the time of the assault and not at all induced by the conduct of the lineup.' 399 U.S., at 5-6 , 90 S.Ct., at 2001 ." 1976Mr. Justice Brennan for four members of the Court stated that this evidence could support a finding that the in-court identification was `entirely based upon observations at the time of the assault and not at all induced by the conduct of the lineup.' 399 U.S., at 5-6 , 90 S.Ct., at 2001 ." | 1 | 1976–1976 |
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.