substitute hearing (Florida) · Go Syfert
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substitute hearing in Florida

9 Florida opinions name it 2 courts 1990–2016 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 (4)

CaseFollowedCited
Baker v. Stategreen
fla · 2004 · cited in 2 Florida opinions naming this issue, 2012–2013
2 sentences

2013See Baker v. State, 878 So.2d 1236, 1241 (Fla.2004); Fla. R.Crim.

2012P. 3.850(h) and Baker v. State, 878 So.2d 1236, 1241 (Fla.2004)).

22
Falco v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Johnson, 44 So.3d at 200-01 (“This post-conviction challenge was untimely, and a petition for writ of habeas corpus may not be used as a substitute for a rule 3.850 post-conviction motion. [Appellant’s] argument that the trial court failed to consider a “manifest injustice” exception in this case is entirely devoid of merit.”) (citing Fla. R.Crim.

11
Collier Development Corp. v. State, Department of Environmental Protectiongreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Prot., 685 So.2d 1328, 1329 (Fla. 2d DCA 1996) (emphasizing that the plain language of section 120.57 “allows the substitute hearing officer the discretion to conduct a new hearing or decide the case from the record.”).

11
Rathmann v. Pacesetter Industries, Inc.green
fladistctapp · 1984 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012In support of his position to the contrary, Dr. Sabates cites to this Court’s decision in Rathmann v. Pacesetter Industries, Inc., 452 So.2d 1091, 1091 (Fla. 4th DCA 1984).

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 (7)

CaseCitedYears
Fennie v. State green
fla · 1994
2 sentences

1995We find no error, Fennie v. State, 648 So.2d 95 (Fla. 1994), cert. denied, ___ U.S. ___, 115 S.Ct. 1120 , 130 L.Ed.2d 1083 (1995), and we note in any event that the substitute instruction actually urged by Johnson at trial was not significantly different from the standard instruction.

1995We rejected this same argument in Johnson, id., in the following terms: We find no error, Fennie v. State, 648 So.2d 95 (Fla. 1994), cert. denied, ___ U.S. ___, 115 S.Ct. 1120 , 130 L.Ed.2d 1083 (1995), and we note in any event that the substitute instruction actually urged by Johnson at trial was not significantly different from the standard instruction.

21995–1995
Green v. Florida green
scotus · 1995
2 sentences

1995We find no error, Fennie v. State, 648 So.2d 95 (Fla. 1994), cert. denied, ___ U.S. ___, 115 S.Ct. 1120 , 130 L.Ed.2d 1083 (1995), and we note in any event that the substitute instruction actually urged by Johnson at trial was not significantly different from the standard instruction.

1995We rejected this same argument in Johnson, id., in the following terms: We find no error, Fennie v. State, 648 So.2d 95 (Fla. 1994), cert. denied, ___ U.S. ___, 115 S.Ct. 1120 , 130 L.Ed.2d 1083 (1995), and we note in any event that the substitute instruction actually urged by Johnson at trial was not significantly different from the standard instruction.

21995–1995
Chaiken v. Suchman green
fladistctapp · 1997
1 sentence

2016In this fashion, we find distinguishable the case of Chaiken v. *378 Suchman, 694 So.2d 115 (Fla. 3d DCA 1997), relied upon by Balaguer.

12016–2016
Amendments to Fla. Rules of Final Arguments green
fla · 2007
1 sentence

2007The rules change became effective upon release of In re Final Arguments, 957 So.2d at 1164 .

12007–2007
University Community Hosp. v. DHRS green
fladistctapp · 1990
1 sentence

1996The court in that case referred specifically to section 120.57(l)(b)(ll) and said, “[t]he statute plainly gives a substitute hearing officer the discretion to determine whether a new hearing is necessary.” Id. at 923 .

11996–1996
Tompkins Land and Housing, Inc. v. White green
fladistctapp · 1983
1 sentence

1990Appellant's reliance on Tompkins Land and Housing, Inc. v. White, 431 So.2d 259 (Fla. 2d DCA 1983), is misplaced.

11990–1990
Gamble-Skogmo, Inc. v. Federal Trade Commission green
ca8 · 1954
1 sentence

1990Nor are we persuaded by the federal case law cited to this court, namely Gamble-Skogmo, *924 Inc. v. Federal Trade Commission, 211 F.2d 106 (8th Cir.1954), which held that a substitute hearing officer is required to conduct a new hearing when an evaluation of a witness' credibility is necessary.

11990–1990

Statutes the citing opinions construe

FL § 120.57 (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

LA 16 (1941–2019) CA 16 (1863–2020) KY 15 (2016–2026) IL 14 (1973–2020) MO 9 (1890–2024) OK 9 (1932–2019) FL 9 (1990–2016) TX 8 (1990–2023) UT 7 (1944–2020) NY 7 (1926–2016) NJ 6 (2006–2024) OH 6 (2000–2008) DC 5 (1980–2008) HI 5 (1980–2025) IA 5 (1996–2026) MA 5 (1989–2013) WA 4 (2015–2016) AR 3 (1979–2015) MN 3 (1985–1989) NC 3 (1964–2005) AZ 2 (1985–2020) MS 2 (1997–2001) MD 2 (1986–1987) ME 2 (1983–2025) AK 2 (1976–2012)

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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