summarily denied claim (Florida) · Go Syfert
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summarily denied claim in Florida

9 Florida opinions name it 2 courts 2005–2025 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 (8)

CaseFollowedCited
Floyd v. Stategreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019On review of a summarily denied claim, we must accept the claimant's "factual allegations as true to the extent that they are not refuted by the record." Id. (citing Floyd v. State, 808 So. 2d 175, 182 (Fla. 2002)).

11
Echeverria v. Stategreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019When a plea agreement places a cap on the term of incarceration, “‘the trial court must apprise the defendant that the period of incarceration specified in the plea agreement will be followed by a period of probation, if such is the court’s intent.’” Echeverria v. State, 949 So. 2d 331, 334 (Fla. 1st DCA 2007) (quoting Eggers v. State, 624 So. 2d 336, 337-38 (Fla. 1st DCA 1993)).

11
Eggers v. Stategreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019When a plea agreement places a cap on the term of incarceration, “‘the trial court must apprise the defendant that the period of incarceration specified in the plea agreement will be followed by a period of probation, if such is the court’s intent.’” Echeverria v. State, 949 So. 2d 331, 334 (Fla. 1st DCA 2007) (quoting Eggers v. State, 624 So. 2d 336, 337-38 (Fla. 1st DCA 1993)).

11
Evans v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017As an initial matter, “[a] client’s acquiescence in trial counsel’s conduct does not necessarily insulate the lawyer’s performance from judicial review in a post-conviction proceeding.” Evans v. State, 737 So.2d 1167, 1168 (Fla. 2d DCA 1999).

11
Rivera v. Stategreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Id. at 484, 487.

11
Krause v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Cf. Krause v. State, 857 So.2d 343, 343 (Fla. 1st DCA 2003)(remanding a summarily denied rule 3.800(a) motion to the trial court to exercise its discretion to award or deny foreign jail credit which is a discretionary decision).

11
Ottesen v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007In Ottesen v. State, 862 So.2d 30, 31 (Fla. 2d DCA 2003), however, the defendant asserted the same issues in his postconviction motion as Hartley does here.

11
Elledge v. Stategreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See Elledge IV, 706 So.2d at 1347 n. 10.

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 (3)

CaseCitedYears
Jeremiah Samuel Cuomo v. State of Florida green
fladistctapp · 2018
2 sentences

2025I note that in Cuomo v. State, 257 So. 3d 584 (Fla. 1st DCA 2018), the First District interpreted the rules in the same manner as I have in this opinion, warning, “[w]hen a postconviction appeal falls under Rule 9.141(b)(3), the State’s refusal to brief an issue regarding a summarily- denied claim constitutes a forfeiture of the State’s right to respond to the appellant’s brief.” Id. at 586 .

2025I note that in Cuomo v. State, 257 So. 3d 584 (Fla. 1st DCA 2018), the First District interpreted the rules in the same manner as I have in this opinion, warning, “[w]hen a postconviction appeal falls under Rule 9.141(b)(3), the State’s refusal to brief an issue regarding a summarily- denied claim constitutes a forfeiture of the State’s right to respond to the appellant’s brief.” Id. at 586 .

12025–2025
Meus v. State green
fladistctapp · 2007
1 sentence

2019On review of a summarily denied claim, we must accept the claimant's "factual allegations as true to the extent that they are not refuted by the record." Id. (citing Floyd v. State, 808 So. 2d 175, 182 (Fla. 2002)).

12019–2019
Gettel v. State green
fladistctapp · 1984
1 sentence

2005The court summarily denied this claim as facially insufficient, citing Gettel v. State, 449 So.2d 413 (Fla. 2d DCA 1984) (stating that failure to file groundless motion to suppress was not ineffective assistance).

12005–2005

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