Reaves motion in Florida

8 Florida opinions name it 2 courts 1984–2022 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 (6)

Case	Followed	Cited
Reaves v. Stategreen fla · 2002 · cited in 3 Florida opinions naming this issue, 2003–2022 2 sentences 2022See Reaves v. State, 826 So. 2d 932 , 936 n.3 (Fla. 2002) (denying Reaves’s claim that the jury was not composed of a fair cross-section of the community as procedurally barred because that argument should have been raised on direct appeal but was not). 2006See Reaves v. State, 826 So.2d 932, 936 (Fla.2002).	3	3
McQueen v. Stategreen fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2007–2007 1 sentence 2007See McQueen v. State, 870 So.2d 77 (Fla. 2d DCA 2003).	1	1
Asay v. Mooregreen fla · 2002 · cited in 1 Florida opinions naming this issue, 2003–2003 1 sentence 2003Defense counsel did not pursue the matter further, so this issue was not preserved for appeal. [4] As this issue does not concern a fundamental error, "appellate counsel cannot be deemed ineffective for failing to raise an unpreserved claim." Asay v. Moore, 828 So.2d 985, 993 (Fla.2002).	1	1
Armstrong v. Stategreen fla · 1994 · cited in 1 Florida opinions naming this issue, 2003–2003 1 sentence 2003Reaves also challenged the constitutionality of Florida's death penalty statute. [4] See Armstrong v. State, 642 So.2d 730, 740 (Fla.1994) (holding that the failure to obtain ruling on a motion fails to preserve the issue for appeal). [5] I agree that the argument on the exclusion of Dr. Weitz's guilt-phase testimony is merely a variant of the claim concerning "Vietnam Syndrome" evidence which we rejected in the direct appeal.	1	1
Magill v. Stategreen fla · 1984 · cited in 1 Florida opinions naming this issue, 2002–2002 1 sentence 2002See Magill v. State, 457 So.2d 1367, 1370 (Fla.1984) (holding that the defendant's claim that his counsel was ineffective in failing to cross-examine certain witnesses was insufficient since he failed to allege what material may have been brought out in cross-examination).	1	1
Bryant v. Stategreen fla · 1992 · cited in 1 Florida opinions naming this issue, 1994–1994 1 sentence 1994Under Bryant v. State, 601 So.2d 529, 532 (Fla. 1992), when a venire-person expresses an opinion which indicates a substantial inability to properly perform a juror's duties either the prosecutor or the judge must "make sure the prospective juror can be an impartial member of the jury." Our reading of the record shows that both Hambleton and Dudley were properly rehabilitated by the judge and State Attorney respectively [6] and we find no abuse of discretion in the trial judge's denial of Reaves' challenge for cause relative to these jurors.	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 (9)

Case	Cited	Years
James Ernest Hitchcock v. State of Florida green fla · 2017 1 sentence 2018After this Court decided Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017), Reaves responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.	1	2018–2018
Allen v. United States green scotus · 2017 1 sentence 2018After this Court decided Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017), Reaves responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.	1	2018–2018
Sedlak v. Smith green scotus · 2017 1 sentence 2018After this Court decided Hitchcock v. State , 226 So.3d 216 (Fla.), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017), Reaves responded to this Court's order to show cause arguing why Hitchcock should not be dispositive in this case.	1	2018–2018
Hurst v. Florida green scotus · 2016 2 sentences 2018V, § 3(b)(1), Fla. Const. Reaves' motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). 2018V, § 3(b)(1), Fla. Const. Reaves' motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 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 1 sentence 2018V, § 3(b)(1), Fla. Const. Reaves' motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 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 2018V, § 3(b)(1), Fla. Const. Reaves' motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 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 1 sentence 2018V, § 3(b)(1), Fla. Const. Reaves' motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).	1	2018–2018
Reaves v. State green fla · 1994 1 sentence 2003These claims, or variants to the claims, have already been raised and addressed by this Court on direct appeal. *398 See Reaves, 639 So.2d at 3 .	1	2003–2003
Coleman v. State green fladistctapp · 1983 2 sentences 1984Coleman v. State, 433 So.2d 627 (Fla. 2d DCA 1983), upheld the general rule that the court should allow the plea to be withdrawn if the court cannot comply with its agreement; however, the court stated: We suggest that one way to avoid this is for the trial court to state before the plea is formally tendered and accepted that sentencing concessions will not be honored at sentencing if material misrepresentations are later found to have been made to induce those concessions. 1984Coleman v. State, 433 So.2d 627 (Fla. 2d DCA 1983), upheld the general rule that the court should allow the plea to be withdrawn if the court cannot comply with its agreement; however, the court stated: We suggest that one way to avoid this is for the trial court to state before the plea is formally tendered and accepted that sentencing concessions will not be honored at sentencing if material misrepresentations are later found to have been made to induce those concessions.	1	1984–1984

Statutes the citing opinions construe

FL § 90.804 (3) FL § 921.141 (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

FL 8 (1984–2022) TX 3 (2018–2018) SC 3 (2011–2015)

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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