issues raised claim (Florida) · Go Syfert
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issues raised claim in Florida

10 Florida opinions name it 2 courts 1991–2025 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.

Followed or applied (12)

CaseFollowedCited
Parker v. Duggergreen
fla · 1989 · cited in 2 Florida opinions naming this issue, 1994–1999
2 sentences

1999Additionally, the substantive claims are procedurally barred either because they were raised on direct appeal and rejected by this Court [18] or could have been raised on direct appeal. [19] "[H]abeas corpus petitions are not to be used for additional appeals on questions which could have been ... or were raised on appeal or in a rule 3.850 motion, or on matters that were not objected to at trial." Parker v. Dugger, 550 So.2d 459, 460 (Fla. 1989).

1994We note that "habeas corpus petitions are not to be used for additional appeals on questions which could have been, should have been, or were raised on appeal or in a rule 3.850 motion, or on matters that were not objected to at trial." Parker v. Dugger, 550 So.2d 459, 460 (Fla. 1989).

22
State of Florida v. Kevon Trotmangreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Dade Truss Co. v. Beaty, 271 So. 3d 59, 65 (Fla. 3d DCA 2019) (“Based on the record before us, we ‘treat the circuit court's order as a preliminary ruling that the information is discoverable,’ noting that privileges claimed with regard to specific documents must be affirmatively 2 asserted through the filing of a privilege log, or the segregation of documents claimed to be privileged . . . .” (quoting Tedrow v. Cannon, 186 So. 3d 43, 49 (Fla. 2d DCA 2016))).

11
Dade Truss Co. v. Beatygreen
fladistctapp · 2019 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Dade Truss Co. v. Beaty, 271 So. 3d 59, 65 (Fla. 3d DCA 2019) (“Based on the record before us, we ‘treat the circuit court's order as a preliminary ruling that the information is discoverable,’ noting that privileges claimed with regard to specific documents must be affirmatively 2 asserted through the filing of a privilege log, or the segregation of documents claimed to be privileged . . . .” (quoting Tedrow v. Cannon, 186 So. 3d 43, 49 (Fla. 2d DCA 2016))).

11
Hulett v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004See Hulett v. State, 830 So.2d 243, 244 (Fla. 4th DCA 2002). [3] Of course, the issues raised in a rule 3.170( l ) motion may generate a conflict between the original trial lawyer and his or her client.

11
Treister v. City of Miamigreen
flsd · 1992 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Brunner Enters., Inc. v. Dep't. of Revenue, 452 So.2d 550, 552 (Fla.1984)(citing Greene v. Massey, 384 So.2d 24 (Fla.1980)(discussing that, except in extraordinary circumstances, all questions of law which have been decided by the highest appellate court become the law of the case, which must be followed in subsequent proceedings)); see also Treister v. City of Miami, 893 F.Supp. 1057, 1067 (S.D.Fla.1992)("We have no doubt that the issues raised by a claim for a taking, and the elements of the claim, under the Florida Constitution, are sufficiently similar to the parallel claim under the U

11
Greene v. Masseygreen
fla · 1980 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Brunner Enters., Inc. v. Dep't. of Revenue, 452 So.2d 550, 552 (Fla.1984)(citing Greene v. Massey, 384 So.2d 24 (Fla.1980)(discussing that, except in extraordinary circumstances, all questions of law which have been decided by the highest appellate court become the law of the case, which must be followed in subsequent proceedings)); see also Treister v. City of Miami, 893 F.Supp. 1057, 1067 (S.D.Fla.1992)("We have no doubt that the issues raised by a claim for a taking, and the elements of the claim, under the Florida Constitution, are sufficiently similar to the parallel claim under the U

11
Brunner Enterprises v. Dept. of Revenuegreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Brunner Enters., Inc. v. Dep't. of Revenue, 452 So.2d 550, 552 (Fla.1984)(citing Greene v. Massey, 384 So.2d 24 (Fla.1980)(discussing that, except in extraordinary circumstances, all questions of law which have been decided by the highest appellate court become the law of the case, which must be followed in subsequent proceedings)); see also Treister v. City of Miami, 893 F.Supp. 1057, 1067 (S.D.Fla.1992)("We have no doubt that the issues raised by a claim for a taking, and the elements of the claim, under the Florida Constitution, are sufficiently similar to the parallel claim under the U

11
Johnson v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See Johnson v. State, 660 So.2d 637, 647 (Fla.1995) (finding no merit to claim that instruction on murder in the course of a felony acts as automatic aggravator); Klokoc v. State, 589 So.2d 219, 222 (Fla.1991) (rejecting claim that CCP factor in statute is unconstitutionally vague); Sochor v. State, 619 So.2d 285, 291 (Fla.1993) ("Florida's standard jury instructions fully advise the jury of the importance of its role and do not violate Caldwell ").

11
Sochor v. Stategreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See Johnson v. State, 660 So.2d 637, 647 (Fla.1995) (finding no merit to claim that instruction on murder in the course of a felony acts as automatic aggravator); Klokoc v. State, 589 So.2d 219, 222 (Fla.1991) (rejecting claim that CCP factor in statute is unconstitutionally vague); Sochor v. State, 619 So.2d 285, 291 (Fla.1993) ("Florida's standard jury instructions fully advise the jury of the importance of its role and do not violate Caldwell ").

11
White v. Stategreen
fladistctapp · 1984 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See White v. State, 450 So.2d 556 (Fla. 2d DCA 1984) (holding that an order disposing of some, but not all, of the issues raised in a rule 3.850 motion is not appeal-able).

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

2000See Johnson v. State, 660 So.2d 637, 647 (Fla.1995) (finding no merit to claim that instruction on murder in the course of a felony acts as automatic aggravator); Klokoc v. State, 589 So.2d 219, 222 (Fla.1991) (rejecting claim that CCP factor in statute is unconstitutionally vague); Sochor v. State, 619 So.2d 285, 291 (Fla.1993) ("Florida's standard jury instructions fully advise the jury of the importance of its role and do not violate Caldwell ").

11
Harriel v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See Harriel v. State, 710 So.2d 102 (Fla. 4th DCA 1998)(en banc).

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 (2)

CaseCitedYears
Smith v. State green
fladistctapp · 2004
1 sentence

2006Under those circumstances, the court may be required to appoint substitute counsel for the purpose of resolving the motion." 884 So.2d at 319 n. 3.

12006–2006
Steinhorst v. State green
fla · 1982
1 sentence

1991Steinhorst v. State, 412 So.2d at 338 .

11991–1991

Where else courts name it

LA 259 (1961–2025) NY 17 (1920–2026) TX 15 (1991–2025) CA 10 (1951–2026) FL 10 (1991–2025) NC 5 (1929–2024) MA 5 (1928–2026) AZ 4 (1974–2022) OH 3 (2004–2008) GA 3 (1979–2019) MI 3 (2015–2017) ID 2 (1964–1985) MO 2 (1972–2020) OR 2 (1976–2020) WA 2 (1971–2012) CT 2 (1993–2021) PA 2 (1935–1968)

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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