can commit error (Florida) · Go Syfert
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can commit error in Florida

6 Florida opinions name it 1 courts 2009–2018 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 (4)

CaseFollowedCited
Sparks v. Stategreen
fladistctapp · 1999 · cited in 3 Florida opinions naming this issue, 2018–2018
2 sentences

2018Sparks and related cases establish that judicial neutrality is required whether the trial judge is in the jury's presence or outside the jury's earshot at sidebar: a "duty of neutrality is especially important when the trial judge is in the presence of a jury," but it is equally true that "a trial court can commit error-even fundamental error-outside the presence of the jury by taking actions that obviously favor one side or the other." J.L.D. v. State , 4 So.3d 24 , 26 (Fla. 2d DCA 2009) ; see Sparks , 740 So.2d at 37 (jury witnessed prosecutor's resumption of questioning after sidebar where

2018Sparks and related cases establish that judicial neutrality is required whether the trial judge is in the jury's presence or outside the jury's earshot at sidebar: a "duty of neutrality is especially important when the trial judge is in the presence of a jury," but it is equally true that "a trial court can commit error-even fundamental error-outside the presence of the jury by taking actions that obviously favor one side or the other." J.L.D. v. State , 4 So.3d 24 , 26 (Fla. 2d DCA 2009) ; see Sparks , 740 So.2d at 37 (jury witnessed prosecutor's resumption of questioning after sidebar where

33
Lyles v. Stategreen
fladistctapp · 1999 · cited in 3 Florida opinions naming this issue, 2009–2010
2 sentences

2010See Williams v. State, 901 So.2d 357 , 359 n. 3 (Fla. 2d DCA 2005); see also Lyles v. State, 742 So.2d 842, 843 (Fla. 2d DCA 1999) (holding trial judge in a probation revocation hearing committed fundamental error where he “gave the appearance of partiality by taking sua sponte actions which benefitted the State”).

2009See Williams v. State, 901 So.2d 357 , 359 n. 3 (Fla. 2d DCA 2005); see also Lyles v. State, 742 So.2d 842, 843 (Fla. 2d DCA 1999) (holding trial judge in a probation revocation hearing committed fundamental error where he “gave the appearance of partiality by taking sua sponte actions which benefitted the State”).

33
Williams v. Stategreen
fladistctapp · 2005 · cited in 3 Florida opinions naming this issue, 2009–2010
2 sentences

2010See Williams v. State, 901 So.2d 357 , 359 n. 3 (Fla. 2d DCA 2005); see also Lyles v. State, 742 So.2d 842, 843 (Fla. 2d DCA 1999) (holding trial judge in a probation revocation hearing committed fundamental error where he “gave the appearance of partiality by taking sua sponte actions which benefitted the State”).

2009See Williams v. State, 901 So.2d 357 , 359 n. 3 (Fla. 2d DCA 2005); see also Lyles v. State, 742 So.2d 842, 843 (Fla. 2d DCA 1999) (holding trial judge in a probation revocation hearing committed fundamental error where he “gave the appearance of partiality by taking sua sponte actions which benefitted the State”).

33
JLD v. Stategreen
fladistctapp · 2009 · cited in 3 Florida opinions naming this issue, 2018–2018
2 sentences

2018Sparks and related cases establish that judicial neutrality is required whether the trial judge is in the jury's presence or outside the jury's earshot at sidebar: a "duty of neutrality is especially important when the trial judge is in the presence of a jury," but it is equally true that "a trial court can commit error-even fundamental error-outside the presence of the jury by taking actions that obviously favor one side or the other." J.L.D. v. State , 4 So.3d 24 , 26 (Fla. 2d DCA 2009) ; see Sparks , 740 So.2d at 37 (jury witnessed prosecutor's resumption of questioning after sidebar where

2018Sparks and related cases establish that judicial neutrality is required whether the trial judge is in the jury's presence or outside the jury's earshot at sidebar: a "duty of neutrality is especially important when the trial judge is in the presence of a jury," but it is equally true that "a trial court can commit error-even fundamental error-outside the presence of the jury by taking actions that obviously favor one side or the other." J.L.D. v. State , 4 So.3d 24 , 26 (Fla. 2d DCA 2009) ; see Sparks , 740 So.2d at 37 (jury witnessed prosecutor's resumption of questioning after sidebar where

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Statutes the citing opinions construe

FL § 90.104 (3) FL § 90.106 (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 6 (2009–2018) TX 3 (1990–2015)

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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