Johnston claim in Florida

10 Florida opinions name it 2 courts 1991–2018 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)

Case	Followed	Cited
Johnston v. Duggergreen fla · 1991 · cited in 2 Florida opinions naming this issue, 2001–2005 2 sentences 2005Cf. Johnston v. Dugger, 583 So.2d 657, 661 (Fla.1991) (concluding that substantial evidence presented at an evidentiary hearing supported the trial court's rejection of Johnston's claim that his mental condition precluded a valid waiver of Miranda rights and that his counsel was ineffective by not seeking to suppress statements on that basis). 2001In fact, we find this same standard of review was applied when we affirmed the denial of Johnston's motion for postconviction relief in Johnston v. Dugger, 583 So.2d 657 (Fla.1991).	1	2
Willacy v. Stategreen fla · 2007 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011See Willacy v. State, 967 So.2d 131, 141 (Fla.2007) (“Claims that could have been brought on direct appeal are proeedurally barred in postconviction proceedings.”).	1	1
Teffeteller v. Duggergreen fla · 1999 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011See Teffeteller v. Dugger, 734 So.2d 1009, 1025 (Fla.1999).	1	1
Carratelli v. Stategreen fla · 2007 · cited in 1 Florida opinions naming this issue, 2011–2011 1 sentence 2011See Carratelli, 961 So.2d at 325 (“If an appellate court refuses to consider unpreserved error, then by definition the error could not have been fundamental.”).	1	1
Hutton v. Atlantic Coast Line Railroadgreen fla · 1957 · cited in 1 Florida opinions naming this issue, 2000–2000 2 sentences 2000The Hutton court, employing the Johnston factors, reversed the trial court's grant of the railroad's motion to set aside the verdict in favor of the plaintiffs where the plaintiffs claimed that the gondola car they collided with was dark and dingy, blending in with the color of the roadway surface, and that it was a dark night (there were no street lights illuminating the crossing): "[I]t is clear that the jury could have believed testimony and could have accepted evidence tending to prove that, under the facts of this case, the mere presence of the gondola car on the railroad crossing was not 2000The Hutton court, employing the Johnston factors, reversed the trial court's grant of the railroad's motion to set aside the verdict in favor of the plaintiffs where the plaintiffs claimed that the gondola car they collided with was dark and dingy, blending in with the color of the roadway surface, and that it was a dark night (there were no street lights illuminating the crossing): "[I]t is clear that the jury could have believed testimony and could have accepted evidence tending to prove that, under the facts of this case, the mere presence of the gondola car on the railroad crossing was not	1	1
Bundy v. Stategreen fla · 1989 · cited in 1 Florida opinions naming this issue, 1991–1991 1 sentence 1991Bundy v. State, 538 So.2d 445, 447 (Fla. 1989); Alvord v. State, 396 So.2d 184 (Fla. 1981).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Hurst v. Florida green scotus · 2016 2 sentences 2018In this successive postconviction motion, we affirm the denial of Johnston's claim that he is entitled to relief pursuant to Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and Hurst v. State , 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). 2018In this successive postconviction motion, we affirm the denial of Johnston's claim that he is entitled to relief pursuant to Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and Hurst v. State , 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).	1	2018–2018
Gary Czajkowski v. State of Florida red fla · 2016 2 sentences 2018In this successive postconviction motion, we affirm the denial of Johnston’s claim that he is entitled to relief pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State, 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). 2018In this successive postconviction motion, we affirm the denial of Johnston's claim that he is entitled to relief pursuant to Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and Hurst v. State , 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).	1	2018–2018
Cleveland v. Sharp green scotus · 2017 1 sentence 2018In this successive postconviction motion, we affirm the denial of Johnston's claim that he is entitled to relief pursuant to Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and Hurst v. State , 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).	1	2018–2018
Florida v. Hurst red scotus · 2017 2 sentences 2018In this successive postconviction motion, we affirm the denial of Johnston’s claim that he is entitled to relief pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State, 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). 2018In this successive postconviction motion, we affirm the denial of Johnston's claim that he is entitled to relief pursuant to Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and Hurst v. State , 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).	1	2018–2018
Johnston v. State green fla · 2010 1 sentence 2012Johnston, 27 So.3d at 26-27 . 18 In the instant case, Simmons makes the same contentions that have been repeatedly rejected by this Court as both procedurally barred in habeas and without merit.	1	2012–2012
Johnston v. State green fla · 2002 1 sentence 2011Johnston’s argument that he is entitled to a new trial based on juror Robinson’s alleged misconduct was raised in direct appeal to this Court, Johnston, 841 So.2d at 357 , and as the first issue in his rule 3.851 motion.	1	2011–2011
Correll v. State green fla · 1997 1 sentence 1998We decided this precise issue adversely to Johnston in Correll v. State, 698 So.2d 522 (Fla. 1997).	1	1998–1998
Espinosa v. Florida green scotus · 1992 2 sentences 1994In Espinosa v. State, 589 So.2d 887 (Fla. 1991), rev'd, ___ U.S. ___, 112 S.Ct. 2926 , 120 L.Ed.2d 854 (1992), this Court affirmed the death sentence of Henry Espinosa. 1994In Espinosa v. State, 589 So.2d 887 (Fla. 1991), rev'd, ___ U.S. ___, 112 S.Ct. 2926 , 120 L.Ed.2d 854 (1992), this Court affirmed the death sentence of Henry Espinosa.	1	1994–1994
Espinosa v. State green fla · 1991 1 sentence 1994In Espinosa v. State, 589 So.2d 887 (Fla. 1991), rev'd, ___ U.S. ___, 112 S.Ct. 2926 , 120 L.Ed.2d 854 (1992), this Court affirmed the death sentence of Henry Espinosa.	1	1994–1994
Alvord v. State green fla · 1981 1 sentence 1991Bundy v. State, 538 So.2d 445, 447 (Fla. 1989); Alvord v. State, 396 So.2d 184 (Fla. 1981).	1	1991–1991

Where else courts name it

TX 13 (1974–2021) FL 10 (1991–2018) PA 6 (1995–2025) OH 6 (2007–2019) MT 6 (2007–2025) IL 6 (1987–2021) GA 5 (1982–2025) ND 4 (2018–2018) WA 4 (2001–2016) CA 3 (2013–2024) MO 3 (1991–1997) AL 3 (1997–2017) UT 3 (2007–2015) IN 2 (1996–2025) IA 2 (2015–2026)

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.

← Caselaw search · G Cite Topics · Brief Check