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6 Florida opinions name it 2 courts 1983–2022 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.
| Case | Followed | Cited |
|---|---|---|
Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitationgreen2 sentences1986Citing Proffitt v. Wainwright, 685 F.2d 1227, 1248 (11th Cir.1982), which concluded that such a belief by a defense attorney was entirely reasonable, Jackson claims that the treatment of mitigating evidence has evolved into a change in the law which should give him relief under Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct. 796 , 66 L.Ed.2d 612 (1980). 1983Citing Proffitt v. Wainwright, 685 F.2d 1227, 1248 (11th Cir.1982), which concluded that such a belief by a defense attorney was entirely reasonable, Jackson claims tht the treatment of mitigating evidence has evolved into a change in the law which should give him relief under Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct. 796 , 66 L.Ed.2d 612 (1980). | 2 | 2 |
Montano v. Stategreen2 sentences2013As noted by the Fourth District in Bartholomew : The requirement that the witness acknowledge the accuracy of the recorded recollection at trial is consistent with the belief that this exception is justified because the witness, who is subject to cross-examination, “incorporates into [his] testimony by reference the record of past recollection.” 101 So.3d at 892 (quoting Montano v. State, 846 So.2d 677, 681 (Fla. 4th DCA 2003)). 2012The requirement that the witness acknowledge the accuracy of the recorded recollection at trial is consistent with the belief that this exception is justified because the witness, who is subject to cross-examination, “incorporates into [his] testimony by reference the record of past recollection.” Montano, 846 So.2d at 681 (citing Garrett v. Morris Kirschman & Co., 336 So.2d 566 , 570 n. 6 (Fla.1976)). | 1 | 2 |
Dujuan O'Neal v. Sherry Burtgreen1 sentence2022However, the “Strickland standard of objective reasonableness does not depend on the subjective intentions of the attorney, judgments made in hindsight, or an attorney’s admission of deficient performance.” O’Neal v. Burt, 582 Fed. | 1 | 1 |
Climpson v. Stategreen1 sentence1991See also, Climpson v. State, 528 So.2d 1296 (Fla. 1st DCA 1988) (failure to hold timely hearing harmless error, where trial commenced within window period). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Witt v. State
green
2 sentences1986Citing Proffitt v. Wainwright, 685 F.2d 1227, 1248 (11th Cir.1982), which concluded that such a belief by a defense attorney was entirely reasonable, Jackson claims that the treatment of mitigating evidence has evolved into a change in the law which should give him relief under Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct. 796 , 66 L.Ed.2d 612 (1980). 1983Citing Proffitt v. Wainwright, 685 F.2d 1227, 1248 (11th Cir.1982), which concluded that such a belief by a defense attorney was entirely reasonable, Jackson claims tht the treatment of mitigating evidence has evolved into a change in the law which should give him relief under Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct. 796 , 66 L.Ed.2d 612 (1980). | 2 | 1983–1986 |
Adams v. Peat, Marwick, Mitchell & Co.
green
2 sentences1986Citing Proffitt v. Wainwright, 685 F.2d 1227, 1248 (11th Cir.1982), which concluded that such a belief by a defense attorney was entirely reasonable, Jackson claims that the treatment of mitigating evidence has evolved into a change in the law which should give him relief under Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct. 796 , 66 L.Ed.2d 612 (1980). 1983Citing Proffitt v. Wainwright, 685 F.2d 1227, 1248 (11th Cir.1982), which concluded that such a belief by a defense attorney was entirely reasonable, Jackson claims tht the treatment of mitigating evidence has evolved into a change in the law which should give him relief under Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct. 796 , 66 L.Ed.2d 612 (1980). | 2 | 1983–1986 |
Jarrett v. Jarrett
green
2 sentences1986Citing Proffitt v. Wainwright, 685 F.2d 1227, 1248 (11th Cir.1982), which concluded that such a belief by a defense attorney was entirely reasonable, Jackson claims that the treatment of mitigating evidence has evolved into a change in the law which should give him relief under Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct. 796 , 66 L.Ed.2d 612 (1980). 1983Citing Proffitt v. Wainwright, 685 F.2d 1227, 1248 (11th Cir.1982), which concluded that such a belief by a defense attorney was entirely reasonable, Jackson claims tht the treatment of mitigating evidence has evolved into a change in the law which should give him relief under Witt v. State, 387 So.2d 922 (Fla.), cert. denied, 449 U.S. 1067 , 101 S.Ct. 796 , 66 L.Ed.2d 612 (1980). | 2 | 1983–1986 |
Bartholomew v. State
green
1 sentence2013As noted by the Fourth District in Bartholomew : The requirement that the witness acknowledge the accuracy of the recorded recollection at trial is consistent with the belief that this exception is justified because the witness, who is subject to cross-examination, “incorporates into [his] testimony by reference the record of past recollection.” 101 So.3d at 892 (quoting Montano v. State, 846 So.2d 677, 681 (Fla. 4th DCA 2003)). | 1 | 2013–2013 |
Garrett v. Morris Kirschman & Company, Inc.
green
1 sentence2012The requirement that the witness acknowledge the accuracy of the recorded recollection at trial is consistent with the belief that this exception is justified because the witness, who is subject to cross-examination, “incorporates into [his] testimony by reference the record of past recollection.” Montano, 846 So.2d at 681 (citing Garrett v. Morris Kirschman & Co., 336 So.2d 566 , 570 n. 6 (Fla.1976)). | 1 | 2012–2012 |
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.