defendant argued defense (Florida) · Go Syfert
← Florida issues

defendant argued defense in Florida

12 Florida opinions name it 2 courts 2003–2026 2 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 (1)

CaseFollowedCited
United States v. Derrick Myran Frankson, (Two Cases)green
ca4 · 1996 · cited in 2 Florida opinions naming this issue, 2007–2007
2 sentences

2007An approach similar to that followed by the Second Circuit in Lamia and Burns was adopted by the Fourth Circuit in United States v. Frankson, 83 F.3d 79, 81 (4th Cir.1996), where the defendant argued that the warning given to him "was not specific enough to satisfy the requirements set forth in Miranda . " The defendant had been advised of his "right to remain silent," his "right to an attorney," and his right to the appointment of a lawyer if he could not afford one.

2007An approach similar to that followed by the Second Circuit in Lamia and Burns was adopted by the Fourth Circuit in United States v. Frankson, 83 F.3d 79, 81 (4th Cir.1996), where the defendant argued that the warning given to him “was not specific enough to satisfy the requirements set forth in Miranda.” The defendant had been advised of his “right to remain silent,” his “right to an attorney,” and his right to the appointment of a lawyer if he could not afford one.

22

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 (12)

CaseCitedYears
Binger v. King Pest Control green
fla · 1981
1 sentence

2026The defendant argued that the rule permitting nondisclosure of impeachment witnesses only applied to “situations in which the need for an impeachment witness is totally unforeseeable and arises from matters which come out for the first time during trial.” Id. at 1312 .

12026–2026
Green v. State green
fla · 1880
1 sentence

2026Id. at 680 .

12026–2026
Strickland v. Washington green
scotus · 1984
1 sentence

2020That is significantly different from this case where the standard is set by Strickland v. Washington, 466 U.S. 668 (1984). 4 In related ground two, the defendant argued that defense counsel had an erroneous understanding of the law; i.e., that sexual battery is a specific intent crime.

12020–2020
Bassallo v. State green
fladistctapp · 2010
1 sentence

2012Id. at 1210 .

12012–2012
Register v. State green
fladistctapp · 1991
1 sentence

2012Id. 816 So.2d at 727 .

12012–2012
Cardenas v. State green
fladistctapp · 2002
1 sentence

2012Id. 816 So.2d at 727 .

12012–2012
Pankow v. State green
fladistctapp · 2005
1 sentence

2011There, the defendant argued error in permitting testimony that when the child’s custodian would attempt to bathe the victim in the tub, the victim would shake uncontrollably and scream “hot, hot, hot.” Id. at 1150 .

12011–2011
State v. McDonald green
fladistctapp · 1997
1 sentence

2006Without first addressing whether a double jeopardy challenge to convictions was cognizable under rule 3.800(a), the court determined that State v. McDonald, 690 So.2d 1317 (Fla. 2d DCA 1997), controlled.

12006–2006
Ross v. State green
fladistctapp · 2000
1 sentence

2006In Ross , the defendant argued in a rule 3.800(a) motion that his sentences were illegal because his guideline scoresheet included both his grand theft and fraudulent use of a credit card convictions in violation *1226 of section 775.021(4)(b)(2), Florida Statutes (1993). [1] Ross, 760 So.2d at 214 .

12006–2006
Banks v. State green
fla · 2003
2 sentences

2006In Banks v. State, 842 So.2d 788 (Fla.2003), the defendant argued that defense counsel was ineffective for failing to consult mental health experts.

2006Id. at 790 .

12006–2006
Cole v. State green
fla · 2003
2 sentences

2005In Cole v. State, 841 So.2d 409 (Fla.2003), for example, the defendant argued that defense counsel was ineffective for failing to call certain witnesses to corroborate his drug abuse problems.

2005Id. at 414 n. 3.

12005–2005
Jones v. State green
fladistctapp · 1986
1 sentence

2003Id. at 1125 .

12003–2003

Where else courts name it

IL 34 (1949–2024) CA 33 (1995–2024) WA 15 (2013–2025) FL 12 (2003–2026) NC 10 (1995–2025) LA 8 (1994–2020) KS 7 (1992–2015) TX 7 (1994–2025) MI 5 (1999–2021) NJ 5 (1995–2022) MS 4 (2002–2004) NY 4 (1991–2025) CO 4 (1990–2016) NM 4 (2017–2024) UT 4 (2000–2015) MA 4 (1991–2023) MD 4 (1985–2013) TN 3 (2011–2025) IN 3 (1981–2009) CT 3 (1990–2014) MO 3 (2010–2021) IA 3 (1984–2025) DE 2 (2022–2022) AZ 2 (1993–2014) AL 2 (1996–2002) MT 2 (1990–2006) NE 2 (2001–2024) OH 2 (2006–2020) VA 2 (1990–2018) PA 2 (2020–2025) KY 2 (2019–2020)

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.

← Caselaw search · G Cite Topics · Brief Check