claim without an evidentiary hearing (Florida) · Go Syfert
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claim without an evidentiary hearing in Florida

11 Florida opinions name it 2 courts 1996–2024 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 (5)

CaseFollowedCited
Smalls v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Smalls v. State, 18 So.3d 606, 608 (Fla. 1st DCA 2009).

11
Rutherford v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See also Rutherford, 926 So.2d at 1115-17 (denying the substantially same records request because the defendant failed to demonstrate that he had previously requested records concerning lethal injection in Florida, and reasoning that rule 3.852(h)(3) "is designed to allow an update of records previously requested").

11
Lee v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See also, Lee v. State, 677 So.2d 312 (Fla. 1st DCA 1996); Hills v. State, 671 So.2d 223 (Fla. 1st DCA 1996); Espinoza v. State, 679 So.2d 47 (Fla. 4th DCA 1996).

11
Jones v. Stategreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 1996–1996
2 sentences

1996Moreover, the State contends, Haines' affidavit does not meet the test set forth in Jones v. State, 591 So.2d 911, 915 (Fla.1991), because it probably would not "produce an acquittal on retrial." We find that the trial court improperly denied this claim without an evidentiary hearing.

1996Haines' recanted testimony qualifies as newly discovered evidence because "the asserted facts `must have been unknown by the trial court, by the party, or by counsel at the time of trial, and it must appear that defendant or his counsel could not have known them by the use of diligence.'" Id. at 916 (quoting Hallman v. State, 371 So.2d 482, 485 (Fla.1979)).

11
Hallman v. Stategreen
fla · 1979 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996Haines' recanted testimony qualifies as newly discovered evidence because "the asserted facts `must have been unknown by the trial court, by the party, or by counsel at the time of trial, and it must appear that defendant or his counsel could not have known them by the use of diligence.'" Id. at 916 (quoting Hallman v. State, 371 So.2d 482, 485 (Fla.1979)).

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
Freeman v. State green
fla · 2000
1 sentence

2024Freeman, 761 So. 2d at 1064–65 (citations omitted).

12024–2024
Simpson v. State green
fladistctapp · 2012
1 sentence

2024Simpson v. State, 100 So. 3d 1258 (Fla. 4th DCA 2012); Borders v. State, 309 So. 3d 314 (Fla. 5th DCA 2020).

12024–2024
Correll v. State green
fla · 2015
1 sentence

2018We rejected a similar claim in Correll v. State , 184 So.3d 478 (Fla. 2015), where the inmate had been on death row for over twenty-nine years: [T]his Court has repeatedly rejected such challenges.

12018–2018
Walton v. State green
fla · 2009
1 sentence

2013Id. at 1005 . c.Newly Discovered Evidence Reed claims that the Hazen and Kor-mondy affidavits constitute newly discovered evidence and that the circuit court erred when it denied this claim without an evidentiary hearing.

12013–2013
Johnston v. State green
fla · 2010
1 sentence

2010This Court recently rejected an identical claim in Johnston v. State, 27 So.3d 11 (Fla.2010): Johnston contends that his original clemency hearing was inadequate to protect his rights because it was conducted before his full life history and mental illness history were developed.

12010–2010
Booker v. State green
fla · 2000
1 sentence

2007Booker has already asserted on direct appeal that "to execute him after he has already spent over two decades on death row would constitute cruel and unusual punishment under the Eighth Amendment to the Constitution of the United States." Booker, 773 So.2d at 1096 .

12007–2007
Johnson v. Butterworth green
fla · 1998
1 sentence

1998We first note our recent holding in Johnson v. Butterworth, 713 So.2d 985 (Fla. 1998), in which we stated that attorney's notes and other such preliminary documents are not public records and are never subject to public records disclosure.

11998–1998
Hills v. State neutral
fladistctapp · 1996
1 sentence

1997See also, Lee v. State, 677 So.2d 312 (Fla. 1st DCA 1996); Hills v. State, 671 So.2d 223 (Fla. 1st DCA 1996); Espinoza v. State, 679 So.2d 47 (Fla. 4th DCA 1996).

11997–1997
Espinoza v. State neutral
fladistctapp · 1996
1 sentence

1997See also, Lee v. State, 677 So.2d 312 (Fla. 1st DCA 1996); Hills v. State, 671 So.2d 223 (Fla. 1st DCA 1996); Espinoza v. State, 679 So.2d 47 (Fla. 4th DCA 1996).

11997–1997

Where else courts name it

NV 15 (2014–2021) NE 14 (2015–2026) FL 11 (1996–2024) IL 9 (1987–2022) PA 7 (1999–2025) MO 6 (1997–2023) NJ 3 (2017–2021)

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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