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11 Florida opinions name it 3 courts 1997–2024 1 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 |
|---|---|---|
State v. Nelsongreen2 sentences2019“This waiver is construed as an ongoing waiver of speedy trial rights as to all charges which emanate from the same criminal episode, including any newly filed charges arising out of the incident.” Id. 2017The waiver of her speedy trial rights in the misdemeanor case can only be attributed to waiver in the felony case if the crimes are part of the “same criminal conduct” and “[c]rimes are deemed to be part of the same criminal conduct so as to trigger the running of the speedy trial period when they are based on substantially the same conduct, even though the conduct may give rise to different consequences.” State v. Baynham, 72 So.3d 796, 798 (Fla. 4th DCA 2011) (citing Clevenger v. State, 967 So.2d 1039, 1041 (Fla. 5th DCA 2007)); see also Nelson, 26 So.3d at 576 (“This waiver is construed as | 3 | 5 |
Atkins v. Stategreen2 sentences2024Atkins v. State, 785 So. 2d 1219, 1220 (Fla. 4th DCA 2001); Nelson, 26 So. 3d at 579 . 2010See Stewart v. State, 491 So.2d 271, 272 (Fla.1986); Atkins v. State, 785 So.2d 1219, 1220 (Fla. 4th DCA 2001); Morris v. State, 715 So.2d 1177, 1178-79 (Fla. 4th DCA 1998). | 2 | 2 |
Wallace and Thomas v. Stategreen2 sentences2019“After waiving the right to a speedy trial, the defendant must take affirmative action to restart the clock for a speedy trial by filing a ‘Demand for Speedy Trial.”’ Wallace v. State, 189 So. 3d 1022, 1026 (Fla. 3d DCA 2016). 2017See Wallace v. State, 189 So.3d 1022, 1026 (Fla. 3d DCA 2016) (“A speedy trial waiver is an ongoing waiver. | 2 | 2 |
Stewart v. Stategreen2 sentences2011The Court held that the defense continuance in juvenile court (which waived the right to discharge) applied to the subsequently-filed adult charges: “This waiver [the waiver in juvenile court] is construed as an ongoing waiver of speedy trial rights as to all charges which emanate from the same criminal episode, including any newly filed charges arising out of the incident.” Id. at 576 (emphasis in original) (applying Stewart v. State, 491 So.2d 271, 272 (Fla.1986)). 2010See Stewart v. State, 491 So.2d 271, 272 (Fla.1986); Atkins v. State, 785 So.2d 1219, 1220 (Fla. 4th DCA 2001); Morris v. State, 715 So.2d 1177, 1178-79 (Fla. 4th DCA 1998). | 2 | 2 |
Morris v. Stategreen2 sentences2010See Stewart v. State, 491 So.2d 271, 272 (Fla.1986); Atkins v. State, 785 So.2d 1219, 1220 (Fla. 4th DCA 2001); Morris v. State, 715 So.2d 1177, 1178-79 (Fla. 4th DCA 1998). 2001Morris v. State, 715 So.2d 1177 (Fla. 4th DCA 1998). | 1 | 2 |
State v. Hannagreen1 sentence2017We have explained that the fact that the crimes are committed at or near the same time is not dispositive “unless [the crimes] are based on substantially the same acts.” Id. (citing State v. Hanna, 858 So.2d 1248, 1250 (Fla. 5th DCA 2003)). | 1 | 1 |
Clevenger v. Stategreen1 sentence2017The waiver of her speedy trial rights in the misdemeanor case can only be attributed to waiver in the felony case if the crimes are part of the “same criminal conduct” and “[c]rimes are deemed to be part of the same criminal conduct so as to trigger the running of the speedy trial period when they are based on substantially the same conduct, even though the conduct may give rise to different consequences.” State v. Baynham, 72 So.3d 796, 798 (Fla. 4th DCA 2011) (citing Clevenger v. State, 967 So.2d 1039, 1041 (Fla. 5th DCA 2007)); see also Nelson, 26 So.3d at 576 (“This waiver is construed as | 1 | 1 |
State v. Gibsongreen1 sentence2017It applies to newly filed charges that arise from the same incident.”); State v. Gibson, 783 So.2d 1155, 1159 (Fla. 5th DCA 2001) (“Florida courts have consistently held that a waiver of speedy trial as to the initial information applies to amended or subsequently filed informations that charge additional crimes provided those crimes arise out of the same criminal episode as the crime initially charged.”). | 1 | 1 |
State v. Baynhamgreen1 sentence2017The waiver of her speedy trial rights in the misdemeanor case can only be attributed to waiver in the felony case if the crimes are part of the “same criminal conduct” and “[c]rimes are deemed to be part of the same criminal conduct so as to trigger the running of the speedy trial period when they are based on substantially the same conduct, even though the conduct may give rise to different consequences.” State v. Baynham, 72 So.3d 796, 798 (Fla. 4th DCA 2011) (citing Clevenger v. State, 967 So.2d 1039, 1041 (Fla. 5th DCA 2007)); see also Nelson, 26 So.3d at 576 (“This waiver is construed as | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
H & B Builders, Inc. v. City of Sunrise
green
2 sentences2008Id. at 1070 . 2008Id. at 1070 . | 2 | 2008–2008 |
Ex Parte Young
green
2 sentences1997In response to Justice Stevens dissent that the opinion results in no remedy for state violations of those federal statutes, the Court noted that an individual may obtain injunctive relief under Ex Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), in order to remedy a state officer's ongoing violation of federal law. 1997In response to Justice Stevens dissent that the opinion results in no remedy for state violations of those federal statutes, the Court noted that an individual may obtain injunctive relief under Ex Parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), in order to remedy a state officer's ongoing violation of federal law. | 1 | 1997–1997 |
Edelman v. Jordan
green
2 sentences1997The Eleventh Amendment bars suits not only against the state itself, but also against a subdivision of the state if the state remains "the real, substantial party in interest." Edelman v. Jordan, 415 U.S. 651 , 663 , 94 S.Ct. 1347 , 1355-56 , 39 L.Ed.2d 662 (1974). 1997The Eleventh Amendment bars suits not only against the state itself, but also against a subdivision of the state if the state remains "the real, substantial party in interest." Edelman v. Jordan, 415 U.S. 651 , 663 , 94 S.Ct. 1347 , 1355-56 , 39 L.Ed.2d 662 (1974). | 1 | 1997–1997 |
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.