newly-discovered fact exception (Florida) · Go Syfert
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newly-discovered fact exception in Florida

8 Florida opinions name it 2 courts 2006–2026 4 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 (3)

CaseFollowedCited
Petit-Homme v. Stategreen
fladistctapp · 2016 · cited in 4 Florida opinions naming this issue, 2018–2026
2 sentences

2026We held (contrary to the State’s position in this appeal) that “[i]n these circumstances, trial counsel’s knowledge of the plea offer is not imputed to [the defendant] for purposes of the newly discovered fact exception of Rule 3.850(b)(1).” 1 Id. (citing Petit-Homme v. State, 205 So. 3d 848 (Fla. 4th DCA 2016)); see also Tribbitt, 339 So. 3d at 1032 (holding that a third party’s knowledge of a plea offer should not be imputed to the defendant for purposes of the two- year deadline in rule 3.850(b)).

2026We held (contrary to the State’s position in this appeal) that “[i]n these circumstances, trial counsel’s knowledge of the plea offer is not imputed to [the defendant] for purposes of the newly discovered fact exception of Rule 3.850(b)(1).” 1 Id. (citing Petit-Homme v. State, 205 So. 3d 848 (Fla. 4th DCA 2016)); see also Tribbitt, 339 So. 3d at 1032 (holding that a third party’s knowledge of a plea offer should not be imputed to the defendant for purposes of the two- year deadline in rule 3.850(b)). 1 We acknowledge that the Fifth District has certified conflict with Clark’s and Tribbitt’s ho

24
Clark v. Stategreen
fladistctapp · 2018 · cited in 5 Florida opinions naming this issue, 2019–2026
2 sentences

2026We held (contrary to the State’s position in this appeal) that “[i]n these circumstances, trial counsel’s knowledge of the plea offer is not imputed to [the defendant] for purposes of the newly discovered fact exception of Rule 3.850(b)(1).” 1 Id. (citing Petit-Homme v. State, 205 So. 3d 848 (Fla. 4th DCA 2016)); see also Tribbitt, 339 So. 3d at 1032 (holding that a third party’s knowledge of a plea offer should not be imputed to the defendant for purposes of the two- year deadline in rule 3.850(b)).

2026We held (contrary to the State’s position in this appeal) that “[i]n these circumstances, trial counsel’s knowledge of the plea offer is not imputed to [the defendant] for purposes of the newly discovered fact exception of Rule 3.850(b)(1).” 1 Id. (citing Petit-Homme v. State, 205 So. 3d 848 (Fla. 4th DCA 2016)); see also Tribbitt, 339 So. 3d at 1032 (holding that a third party’s knowledge of a plea offer should not be imputed to the defendant for purposes of the two- year deadline in rule 3.850(b)). 1 We acknowledge that the Fifth District has certified conflict with Clark’s and Tribbitt’s ho

15
Horn v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019P. 3.850(b)(1); see, e.g., Blake v. State, 152 So. 3d 66, 68 (Fla. 2d DCA 2014) (declaring that "[a] claim of newly discovered evidence can be an exception to the two-year time limitation in rule 3.850(b)"); Clark v. State, 236 So. 3d 481, 482 (Fla. 4th DCA 2018) (holding that defense counsel's knowledge of a proposed plea deal could not be imputed to defendant for purposes of the newly discovered fact exception to the two-year limit, and that therefore plea offer could constitute newly discovered evidence allowing defendant to proceed on rule 3.850 motion alleging counsel had provided ineffec

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 (1)

CaseCitedYears
Regan v. State green
fladistctapp · 2001
2 sentences

2006Regan, 787 So. 2d at 267 .

2006Regan, 787 So.2d at 267 .

22006–2006

Where else courts name it

PA 483 (2014–2026) FL 8 (2006–2026)

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.

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