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13 Florida opinions name it 3 courts 1981–2013 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 |
|---|---|---|
Riviere v. Stategreen2 sentences2009See Riviere v. State, 965 So.2d 845 (Fla. 2d DCA 2007). 2008See Riviere v. State, 965 So.2d 845 (Fla. 2d DCA 2007). | 2 | 2 |
Hettick v. Stategreen1 sentence2013See Hettick v. State, 977 So.2d 797, 798 (Fla. 2d DCA 2008). | 1 | 1 |
Parks v. Stategreen1 sentence2013P. 3.850(b); Parks v. State, 101 So.3d 1265, 1265 (Fla. 4th DCA 2012) (“Defendant’s motion did not present any valid exceptions to the time limitations under the rule.... | 1 | 1 |
State Ex Rel. Butler v. Cullengreen1 sentence2010Butler v. Cullen, 253 So.2d 861, 863 (Fla.1971) (“When the [defense] continuance was granted, the time limitations in the rule were no longer applicable and the Court had the right and authority to set the case for trial within a reasonable time.”). | 1 | 1 |
Baker v. Stategreen1 sentence2008See Baker v. State, 933 So.2d 720, 721 (Fla. 4th DCA 2006). | 1 | 1 |
Gladfelter v. Stategreen1 sentence2006Sanderson, 625 So.2d at 472-73 ; see also Gladfelter, 618 So.2d at 1365 (“Because restitution was made an original condition of the probation, the court could properly determine the amount of restitution at a later date. | 1 | 1 |
Mills v. Stategreen1 sentence1998See Mills v. State, 684 So.2d 801, 804-05 (Fla.1996); Fla. R.Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carbajal v. State
green
1 sentence2011We have for review Carbajal v. State, 28 So.3d 187 (Fla. 2d DCA 2010), in which the Second District Court of Appeal rejected Car-bajal’s argument that the time limitations of rule 3.850 were not applicable to his claim that the OSP’s lack of jurisdiction to prosecute him divested the circuit court of jurisdiction to enter judgment against him. | 1 | 2011–2011 |
State v. Sanderson
green
1 sentence2006Sanderson, 625 So.2d at 472-73 ; see also Gladfelter, 618 So.2d at 1365 (“Because restitution was made an original condition of the probation, the court could properly determine the amount of restitution at a later date. | 1 | 2006–2006 |
State v. Fraser
green
1 sentence2004The Fifth District held that the "defendant's speedy trial rights under Rule 3.191 were not violated in this case when trial was scheduled within the time limitations of the rule and defendant advised the court he was not prepared for trial." 426 So.2d at 49 . | 1 | 2004–2004 |
Florida Marine Fisheries v. Pringle
green
1 sentence1999Cf. Stallings v. State, 736 So.2d 17 (Fla. 2d DCA 1999) (illiteracy does not excuse the failure to comply with the time limitations of rule 3.850). | 1 | 1999–1999 |
Strickland v. Washington
green
2 sentences1998Even if we were to find that the ineffective assistance claims are not barred, no relief is warranted under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1998Even if we were to find that the ineffective assistance claims are not barred, no relief is warranted under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 1998–1998 |
Frye v. United States
red
1 sentence1998If Buenoano had been concerned about counsel's decision to stipulate to Martz's conclusions or counsel's failure to seek a Frye v. United States, 293 F. 1013 (D.C.Cir.1923), inquiry regarding the conclusions, she could have had the capsules tested or Martz's results reviewed prior to the expiration of the time limitations in rule 3.850. | 1 | 1998–1998 |
State v. Kerper
green
2 sentences1984By moving for and obtaining a continuance on July 18, 1984 the defendant took the case out of the operation of the speedy trial rule and the time limitations of the rule are re-activated only by the denial of the defendant’s Motion for Discharge or by a subsequent demand for a jury trial (See State v. Kerper, 393 So.2d 77 , (5th DCA 1981). 1984Again, when the defendant was granted a continuation on July 18, 1984, the provisions of Rule 3.191(H)(2) relating to nolle prosse became inapplicable to her prosecution and remained inapplicable to the subsequent prosecution based on the same criminal episode (See State v. Kerper, supra) (See also State v. Condon, 444 So.2d 73 (4th DCA 1984)) The defendant’s announcement in open court on September 5, 1984 that she was ready for trial was not tantamount to a demand for speedy trial. | 1 | 1984–1984 |
State v. Condon
green
1 sentence1984Again, when the defendant was granted a continuation on July 18, 1984, the provisions of Rule 3.191(H)(2) relating to nolle prosse became inapplicable to her prosecution and remained inapplicable to the subsequent prosecution based on the same criminal episode (See State v. Kerper, supra) (See also State v. Condon, 444 So.2d 73 (4th DCA 1984)) The defendant’s announcement in open court on September 5, 1984 that she was ready for trial was not tantamount to a demand for speedy trial. | 1 | 1984–1984 |
Butterworth in and for Broward Cty. v. Fluellen
green
1 sentence1981Batterworth v. Fluellen, 389 So.2d 968 (Fla.1980), State ex rel. | 1 | 1981–1981 |
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.