promise immunity (Florida) · Go Syfert
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promise immunity in Florida

12 Florida opinions name it 2 courts 1976–2000 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.

Followed or applied (6)

CaseFollowedCited
King v. Stategreen
fladistctapp · 1977 · cited in 2 Florida opinions naming this issue, 1988–2000
2 sentences

2000Landenberger held that "[i]n the absence of a promise of immunity, a convicted felon with an appeal pending has a Fifth Amendment privilege not to testify, and this privilege continues throughout the pendency of the appeal. " Id. at 713 (emphasis supplied); see also King v. State, 353 So.2d 180 (Fla. 3d DCA 1977).

1988Libertucci v. State, 395 So.2d 1223 (Fla. 3d DCA 1981); King v. State, 353 So.2d 180 (Fla. 3d DCA 1977).

12
In Interest of GGPgreen
fladistctapp · 1980 · cited in 2 Florida opinions naming this issue, 1991–1994
2 sentences

1994In re G.G.P., 382 So.2d at 130 .

1991See In re G.G.P, 382 So.2d 128 (Fla. 5th DCA), review denied, 389 So.2d 1114 (Fla. 1980); Frazier v. State, 107 So.2d 16 (Fla. 1958).

12
Lonergan v. Stategreen
fladistctapp · 1986 · cited in 2 Florida opinions naming this issue, 1987–1990
2 sentences

1990See Lon-ergan v. State, 495 So.2d 196 (Fla. 2d DCA), review denied, 501 So.2d 1282 (Fla. 1986) (“A guilty plea induced by a promise of defense counsel that is not kept is involuntary.”) The trial court, however, denied the motion without an evidentiary hearing and failed to attach to its order any portion of the files or record that refute Kendrick’s allegations.

1987A guilty plea induced by a promise of defense counsel that is not kept is involuntary, Costello v. State, 260 So.2d 198 (Fla. 1972); Lonergan v. State, 495 So.2d 196 (Fla. 2d DCA 1986); Houghton v. State, 454 So.2d 725 (Fla. 1st DCA 1984); Ream v. State, 449 So.2d 960 (Fla. 4th DCA 1984), provided only that the defendant had a reasonable basis for relying upon his attorney's advice.

12
Costello v. Stategreen
fla · 1972 · cited in 2 Florida opinions naming this issue, 1986–1987
2 sentences

1987A guilty plea induced by a promise of defense counsel that is not kept is involuntary, Costello v. State, 260 So.2d 198 (Fla. 1972); Lonergan v. State, 495 So.2d 196 (Fla. 2d DCA 1986); Houghton v. State, 454 So.2d 725 (Fla. 1st DCA 1984); Ream v. State, 449 So.2d 960 (Fla. 4th DCA 1984), provided only that the defendant had a reasonable basis for relying upon his attorney's advice.

1987Costello v. State, 260 So.2d 198 .

12
Landenberger v. Stategreen
fladistctapp · 1988 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Landenberger held that "[i]n the absence of a promise of immunity, a convicted felon with an appeal pending has a Fifth Amendment privilege not to testify, and this privilege continues throughout the pendency of the appeal. " Id. at 713 (emphasis supplied); see also King v. State, 353 So.2d 180 (Fla. 3d DCA 1977).

11
WM v. Stategreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1994–1994
1 sentence

1994Although the State need only establish the voluntariness of a Miranda waiver by the preponderance of the evidence, W.M. v. State, 585 So.2d 979, 983 (Fla. 4th DCA 1991), review denied, 593 So.2d 1054 (Fla.1991), if a juvenile’s belief in a promise of immunity is reasonable, under the circumstances, the statements which result must be excluded.

11

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 (9)

CaseCitedYears
Ream v. State green
fladistctapp · 1984
2 sentences

1987A guilty plea induced by a promise of defense counsel that is not kept is involuntary, Costello v. State, 260 So.2d 198 (Fla. 1972); Lonergan v. State, 495 So.2d 196 (Fla. 2d DCA 1986); Houghton v. State, 454 So.2d 725 (Fla. 1st DCA 1984); Ream v. State, 449 So.2d 960 (Fla. 4th DCA 1984), provided only that the defendant had a reasonable basis for relying upon his attorney's advice.

1986See Costello v. State, 260 So.2d 198 (Fla. 1972); Ream v. State, 449 So.2d 960 (Fla. 4th DCA 1984).

31984–1987
Frazier v. State green
fla · 1958
1 sentence

1991See In re G.G.P, 382 So.2d 128 (Fla. 5th DCA), review denied, 389 So.2d 1114 (Fla. 1980); Frazier v. State, 107 So.2d 16 (Fla. 1958).

11991–1991
Brady v. Maryland green
scotus · 1963
2 sentences

1991Zatrepalek, in exchange for a bargained guilty plea and a promise of immunity, testified against his fellow officers at their 1982 trial. [1] Breedlove filed this 3.850 motion late in 1982, claiming in the second issue [2] that Ojeda and Zatrepalek had been involved in a drug conspiracy and had used cocaine themselves, that their illegal activities could have been used to impeach their testimony, and that the prosecution's failure to disclose this evidence violated Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963).

1991Zatrepalek, in exchange for a bargained guilty plea and a promise of immunity, testified against his fellow officers at their 1982 trial. [1] Breedlove filed this 3.850 motion late in 1982, claiming in the second issue [2] that Ojeda and Zatrepalek had been involved in a drug conspiracy and had used cocaine themselves, that their illegal activities could have been used to impeach their testimony, and that the prosecution's failure to disclose this evidence violated Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963).

11991–1991
Libertucci v. State green
fladistctapp · 1981
1 sentence

1988Libertucci v. State, 395 So.2d 1223 (Fla. 3d DCA 1981); King v. State, 353 So.2d 180 (Fla. 3d DCA 1977).

11988–1988
Houghton v. State neutral
fladistctapp · 1984
1 sentence

1987A guilty plea induced by a promise of defense counsel that is not kept is involuntary, Costello v. State, 260 So.2d 198 (Fla. 1972); Lonergan v. State, 495 So.2d 196 (Fla. 2d DCA 1986); Houghton v. State, 454 So.2d 725 (Fla. 1st DCA 1984); Ream v. State, 449 So.2d 960 (Fla. 4th DCA 1984), provided only that the defendant had a reasonable basis for relying upon his attorney's advice.

11987–1987
Cooley v. State neutral
fladistctapp · 1971
1 sentence

1984Cooley v. State, 245 So.2d 679 (Fla. 4th DCA 1971).

11984–1984
Fillinger v. State green
fladistctapp · 1977
1 sentence

1982Furthermore, the record in the case sub judice simply does not show promises of lenience amounting to coercion as were present in Fillinger v. State, 349 So.2d 714 (Fla. 2d DCA 1977), cert. denied, 374 So.2d 101 (Fla. 1979), and Jarriel v. State, 317 So.2d 141 (Fla. 4th DCA 1975), cert. denied, 328 So.2d 845 (Fla. 1976).

11982–1982
Jarriel v. State neutral
fladistctapp · 1975
1 sentence

1982Furthermore, the record in the case sub judice simply does not show promises of lenience amounting to coercion as were present in Fillinger v. State, 349 So.2d 714 (Fla. 2d DCA 1977), cert. denied, 374 So.2d 101 (Fla. 1979), and Jarriel v. State, 317 So.2d 141 (Fla. 4th DCA 1975), cert. denied, 328 So.2d 845 (Fla. 1976).

11982–1982
Cortes v. State green
fla · 1938
2 sentences

1976Cortes v. State, 135 Fla. 589 , 185 So. 323 (1938).

1976Cortes v. State, 135 Fla. 589 , 185 So. 323 (1938).

11976–1976

Where else courts name it

IN 29 (1976–2019) CA 29 (1921–2023) OR 18 (1958–2025) IL 15 (1930–2020) MO 14 (1902–2017) NY 13 (1867–2026) FL 12 (1976–2000) MN 11 (1983–2017) LA 10 (1987–2019) MA 9 (1978–2015) AK 8 (1988–2021) NJ 8 (1963–2025) TX 8 (1967–2023) PA 7 (1977–2017) AL 7 (1951–2023) MI 7 (1895–2024) WA 6 (2003–2025) NH 6 (1983–2021) OH 6 (1982–2019) OK 6 (1917–2016) MD 6 (1964–2001) AR 5 (1914–2010) CO 5 (1920–2005) SC 4 (1987–2023) AZ 3 (1927–1978) DC 3 (1987–2008) KS 2 (1922–1995) NC 2 (1818–1975) MS 2 (1994–2005) MT 2 (1925–1994) GA 2 (1947–1966) TN 2 (1989–1995) CT 2 (1999–2021) SD 2 (2006–2008) WV 2 (1898–1989)

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.

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