case constituted fundamental error (Florida) · Go Syfert
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case constituted fundamental error in Florida

8 Florida opinions name it 2 courts 1987–2015 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 (8)

CaseFollowedCited
Williams v. Stategreen
fla · 2013 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015See Williams, 123 So.3d at 24, 29 ; see also Lopez v. State, 136 So.3d 1265, 1266 (Fla. 2d DCA 2014).

11
Lopez v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015See Williams, 123 So.3d at 24, 29 ; see also Lopez v. State, 136 So.3d 1265, 1266 (Fla. 2d DCA 2014).

11
Spagnolo v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014We conclude that the erroneous instruction in this case constituted fundamental error because the jury could not have found Ms. Wunsch guilty under the theory of child neglect charged in the information unless it disregarded the trial court’s jury instruction that it must find that she “failed or omitted to provide [J.C.] with the care, supervision and services necessary to maintain [J.C.’s] physical or mental health.” See Spagnolo v. State, 116 So.3d 599, 604 (Fla. 5th DCA 2013) (holding that fundamental error occurred when “[t]he information only charged Petitioner with third-degree murder w

11
Alexander v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014“On the evidence adduced below in the present case, it is entirely possible ‘that a verdict of guilty could not have been obtained without the *1003 assistance of the error alleged.’ ” Alexander v. State, 121 So.3d 1185, 1189 (Fla. 1st DCA 2013) (citation omitted).

11
State v. Montgomeryyellow
fla · 2010 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013In State v. Montgomery, 39 So.3d 252, 259 (Fla.2010), the same Court that decides the case today unanimously explained that the identical erroneous manslaughter by act instruction presented in this case constituted fundamental error.

11
Bernhardt v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Bernhardt v. State, 741 So.2d 1230, 1230 (Fla. 2d DCA 1999).

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

1999See Nelson v. State, 719 So.2d 1230 (Fla. 1st DCA1998).

11
Davis v. Alaskagreen
scotus · 1974 · cited in 1 Florida opinions naming this issue, 1987–1987
2 sentences

1987See Davis v. Alaska, 415 U.S. 308, 319 , 94 S.Ct. 1105, 1111 , 39 L.Ed.2d 347 (1973).

1987See Davis v. Alaska, 415 U.S. 308, 319 , 94 S.Ct. 1105, 1111 , 39 L.Ed.2d 347 (1973).

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
Williams v. State green
fladistctapp · 2010
1 sentence

2014Pierre also notes that this Court certified the question in Williams v. State, 40 So.3d 72 (Fla. 4th DCA 2010), almost a year before his initial brief was filed.

12014–2014
Riesel v. State green
fladistctapp · 2010
1 sentence

2014He faults counsel for failing to raise Montgomery on appeal and for failing to notify the court about Riesel v. State, 48 So.3d 885 (Fla. 1st DCA 2010), in which the First District held that an instruction identical to the one in the instant case constituted fundamental error pursuant to Montgomery.

12014–2014
Haygood v. State yellow
fla · 2013
1 sentence

2014The erroneous jury instructions in the present case constituted fundamental error because the instructions “prevented the jury from being able to choose the true verdict in this case — a verdict based on the jury’s application of its fair assessment of the facts concerning [Mr. Williams’] intent to the proper elements of the offense as set forth in the ... statute.” Haygood, 109 So.3d at 743 .

12014–2014

Where else courts name it

FL 8 (1987–2015) TX 3 (1982–2006)

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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