two-year filing requirement (Florida) · Go Syfert
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two-year filing requirement in Florida

7 Florida opinions name it 2 courts 1999–2023 2 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 (7)

CaseFollowedCited
Coppola v. Stategreen
fladistctapp · 2001 · cited in 2 Florida opinions naming this issue, 2006–2006
2 sentences

2006Regan, 787 So. 2d at 267 ; see also Coppola, 795 So. 2d at 259 (adopting the reasoning of Regan).

2006Regan, 787 So.2d at 267 ; see also Coppola, 795 So.2d at 259 (adopting the reasoning of Regan).

22
Steele v. Kehoegreen
fla · 1999 · cited in 2 Florida opinions naming this issue, 1999–2000
2 sentences

2000See id. at 934-35 .

1999See id. 747 So.2d at 934 .

22
Gaskin v. Stateyellow
fla · 1999 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023See Gaskin v. State, 737 So. 2d 509 , 517–18 (Fla. 1999) (holding that the trial court erred in denying the defendant’s rule 3.850 amended motion for postconviction relief on the ground that the new claims raised in the amended motion were procedurally barred, when the motion was filed within the time limit under the rule and before the trial court had ruled on the original motion), receded from in part on other grounds, Nelson v. State, 875 So. 2d 579 , 582–83 (Fla. 2004); Padro-Guerrero v. State, 123 So. 3d 670, 671 (Fla. 5th DCA 2013) (“As long as the two-year limitation period [of rule 3.8

11
Nelson v. Stategreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023See Gaskin v. State, 737 So. 2d 509 , 517–18 (Fla. 1999) (holding that the trial court erred in denying the defendant’s rule 3.850 amended motion for postconviction relief on the ground that the new claims raised in the amended motion were procedurally barred, when the motion was filed within the time limit under the rule and before the trial court had ruled on the original motion), receded from in part on other grounds, Nelson v. State, 875 So. 2d 579 , 582–83 (Fla. 2004); Padro-Guerrero v. State, 123 So. 3d 670, 671 (Fla. 5th DCA 2013) (“As long as the two-year limitation period [of rule 3.8

11
Johnson v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023Second, citing to Johnson v. State, 114 So. 3d 205, 206 (Fla. 5th DCA 2012), the court determined that the remedy of habeas corpus could not be used as a substitute to the filing of a rule 3.850 motion or to otherwise expand the two-year filing requirement under rule 3.850.

11
Padro-Guerrero v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023See Gaskin v. State, 737 So. 2d 509 , 517–18 (Fla. 1999) (holding that the trial court erred in denying the defendant’s rule 3.850 amended motion for postconviction relief on the ground that the new claims raised in the amended motion were procedurally barred, when the motion was filed within the time limit under the rule and before the trial court had ruled on the original motion), receded from in part on other grounds, Nelson v. State, 875 So. 2d 579 , 582–83 (Fla. 2004); Padro-Guerrero v. State, 123 So. 3d 670, 671 (Fla. 5th DCA 2013) (“As long as the two-year limitation period [of rule 3.8

11
Tinsley v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See Tinsley v. State, 41 So.3d 334 (Fla. 1st DCA 2010); Johnson v. State, 7 So.3d 643 (Fla. 3d DCA 2009).

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 (2)

CaseCitedYears
Regan v. State green
fladistctapp · 2001
2 sentences

2006Regan, 787 So. 2d at 267 ; see also Coppola, 795 So. 2d at 259 (adopting the reasoning of Regan).

2006Regan, 787 So.2d at 267 ; see also Coppola, 795 So.2d at 259 (adopting the reasoning of Regan).

22006–2006
Johnson v. State neutral
fladistctapp · 2009
1 sentence

2011See Tinsley v. State, 41 So.3d 334 (Fla. 1st DCA 2010); Johnson v. State, 7 So.3d 643 (Fla. 3d DCA 2009).

12011–2011

Where else courts name it

FL 7 (1999–2023) NY 3 (1959–2022) OH 2 (1998–2015) IN 2 (1997–1998) NC 2 (2022–2022)

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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