Gibson challenge (Florida) · Go Syfert
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Gibson challenge in Florida

10 Florida opinions name it 2 courts 2000–2007 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 (7)

CaseFollowedCited
Wencel v. Stategreen
fladistctapp · 2005 · cited in 2 Florida opinions naming this issue, 2006–2007
2 sentences

2007In Gibson v. State, 944 So.2d 426 (Fla. 4th DCA 2006), this court earlier held that case law supported Gibson's challenge, citing Wencel v. State, 915 So.2d 1270 (Fla. 4th DCA 2005), and Brinson v. State, 851 So.2d 815 (Fla. 2d DCA 2003).

2006See Wencel v. State, 915 So.2d 1270 (Fla. 4th DCA 2005); Brinson v. State, 851 So.2d 815 (Fla. 2d DCA 2003).

12
Cottle v. Stategreen
fla · 1999 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Cottle v. State, 733 So.2d 963, 967 (Fla.1999); Gilliam v. State, 857 So.2d 1006, 1007 (Fla. 4th DCA 2003).

11
Gilliam v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Cottle v. State, 733 So.2d 963, 967 (Fla.1999); Gilliam v. State, 857 So.2d 1006, 1007 (Fla. 4th DCA 2003).

11
Zarco Supply Co. v. Bonnellgreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004See Zarco Supply Company v. Bonnell, 658 So.2d 151, 154 (Fla. 1st DCA 1995).

11
State v. Mancinogreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000As this court stated in Fuston v. State, 764 So.2d 779 (Fla. 2d DCA 2000) (quoting State v. Mancino, 714 So.2d 429, 433 (Fla.1998)), an illegal sentence not only "exceeds the statutory maximum" but also "`patently fails to comport with statutory or constitutional limitations.'" See also Abaunza v. State, 25 Fla. L.

11
Morales v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See Morales v. State, 712 So.2d 474, 475 (Fla. 2d DCA 1998); Forshee v. State, 579 So.2d 388, 389 (Fla. 2d DCA 1991).

11
Forshee v. Stategreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See Morales v. State, 712 So.2d 474, 475 (Fla. 2d DCA 1998); Forshee v. State, 579 So.2d 388, 389 (Fla. 2d DCA 1991).

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 (6)

CaseCitedYears
Brinson v. State green
fladistctapp · 2003
2 sentences

2007In Gibson v. State, 944 So.2d 426 (Fla. 4th DCA 2006), this court earlier held that case law supported Gibson's challenge, citing Wencel v. State, 915 So.2d 1270 (Fla. 4th DCA 2005), and Brinson v. State, 851 So.2d 815 (Fla. 2d DCA 2003).

2006See Wencel v. State, 915 So.2d 1270 (Fla. 4th DCA 2005); Brinson v. State, 851 So.2d 815 (Fla. 2d DCA 2003).

22006–2007
Tripp v. State green
fla · 1993
2 sentences

2004On Gibson's motion, and pursuant to our decision in Tripp v. State, 622 So.2d 941 (Fla.1993), the trial court granted credit for time served of 1681 days from the completed sentences in Case Nos. 93-216 and 93-297 against the overall seven-year sentence in Case No. 93-360.

2002In the present case, “time served for the primary offense[s],” Tripp, 622 So.2d at 942 , consisted of time in jail before the original sentencing, 5 and 1,660 days Mr. Gibson spent in prison.

22002–2004
Hale v. State green
fla · 1993
1 sentence

2007Gibson's claim challenges the restructuring of his sentencing in connection with a Hale v. State, 630 So.2d 521 (Fla.1993) violation, and his allegation that trial counsel was ineffective during that resentencing hearing.

12007–2007
Matheson v. State green
fladistctapp · 2003
1 sentence

2007We do find merit, however, in Gibson's claim that under the standard articulated in Matheson v. State, 870 So.2d 8 (Fla. 2d DCA 2003), the State failed to establish that the narcotics detection dog's alert provided probable cause for the search.

12007–2007
Gibson v. State neutral
fladistctapp · 2006
1 sentence

2007In Gibson v. State, 944 So.2d 426 (Fla. 4th DCA 2006), this court earlier held that case law supported Gibson's challenge, citing Wencel v. State, 915 So.2d 1270 (Fla. 4th DCA 2005), and Brinson v. State, 851 So.2d 815 (Fla. 2d DCA 2003).

12007–2007
Fuston v. State green
fladistctapp · 2000
1 sentence

2000As this court stated in Fuston v. State, 764 So.2d 779 (Fla. 2d DCA 2000) (quoting State v. Mancino, 714 So.2d 429, 433 (Fla.1998)), an illegal sentence not only "exceeds the statutory maximum" but also "`patently fails to comport with statutory or constitutional limitations.'" See also Abaunza v. State, 25 Fla. L.

12000–2000

Statutes the citing opinions construe

FL § 775.082 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 15 (2004–2024) MS 14 (1991–2026) IL 10 (2019–2025) FL 10 (2000–2007) IN 9 (1978–2018) CA 8 (1943–2021) GA 7 (1998–2026) LA 4 (2007–2019) NJ 4 (1989–2010) ND 4 (1998–2003) SC 4 (2010–2025) MO 4 (1882–2015) TN 4 (2004–2018) TX 4 (2003–2004) DE 3 (2016–2025) AL 3 (1892–1999) PA 2 (1989–2017) VA 2 (2004–2007) KS 2 (2020–2021)

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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