conflict claim in Florida

2024In that case, we reiterated that the appropriate conflict standard focuses on “the announcement of a conflicting rule of law or the application of a rule of law in a manner that results in a conflicting outcome despite ‘substantially the same controlling facts.’ ” Kartsonis, 319 So. 3d at 623 (quoting Nielsen, 117 So. 2d at 734 ); accord Aravena v. Miami-Dade Cnty., 928 So. 2d 1163, 1166 (Fla. 2006) (express-and-direct conflict exists where two holdings are irreconcilable).

2019See, e.g., Flemming v. State, 204 So. 3d 950, 952 (Fla. 1st DCA 2016) (holding that failure to hold a conflict hearing is harmless where the record conclusively refutes defendant’s allegations); Davis v. State, 938 So. 2d 555, 557 (Fla. 1st DCA 2006) (“An appellant is not entitled to go behind sworn representations made to the court.”).

2019See, e.g., Flemming v. State, 204 So. 3d 950, 952 (Fla. 1st DCA 2016) (holding that failure to hold a conflict hearing is harmless where the record conclusively refutes defendant’s allegations); Davis v. State, 938 So. 2d 555, 557 (Fla. 1st DCA 2006) (“An appellant is not entitled to go behind sworn representations made to the court.”).

2017See, e.g., Porter v. State, 653 So.2d 374, 378 (Fla. 1995) (affirming summary denial of conflict of interest claim where the information which formed the basis of the conflict claim was available to the defendant).

2017See, e.g., Porter v. State, 653 So. 2d 374, 378 (Fla. 1995) (affirming summary denial of conflict of interest claim where the information which formed the basis of the conflict claim was available to the defendant).

1993Adams v. State, 543 So.2d 1244, 1246-47 (Fla. 1989) (in accordance with the two-year period set forth in rule 3.850, a defendant must raise any contentions based upon new facts within two years of the time such facts become known).