Ellis motion (Florida) · Go Syfert
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Ellis motion in Florida

6 Florida opinions name it 1 courts 2000–2018 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 (5)

CaseFollowedCited
Dupree v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Dupree v. State, 705 So. 2d 90, 93 (Fla. 4th DCA 1998) (en banc) (“Generally, on a motion for judgment of acquittal, the court should not grant the motion unless, viewed in a light most favorable to the state, the evidence does not establish the prima facie case of guilt.”).

11
Ellis v. FLORIDA PAROLE COM'Ngreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006The petitioner misplaces his reliance on the materially distinguishable holding in Ellis v. Fla. Parole Comm'n, 911 So.2d 831, 832-33 (Fla. 1st DCA 2005), in which the Commission improperly rejected the hearing officer's factual determination that Ellis' violation was not willful (which was supported by competent substantial evidence) and made its own determination that Ellis had acted willfully and, thus, had violated conditional release.

11
Moore v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See generally Moore v. State, 741 So.2d 577, 578 (Fla. 5th DCA 1999) (holding that burden is on trial court summarily denying facially sufficient motion to attach record establishing why defendant is not entitled to relief).

11
STATE, DEPT. OF HWY. SAFETY v. DeShonggreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000State, Department of Highway Safety & Motor Vehicles v. DeShong, 603 So.2d 1349, 1352 (Fla. 2d DCA 1992); see also State v. Davidson, 744 So.2d 1180 (Fla. 2d DCA 1999)(quoting the language from DeShong ). 1 At the hearings held on Ellis’ motion to suppress, two witnesses were called: John Apell, a Ft.

11
State v. Davidsongreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000State, Department of Highway Safety & Motor Vehicles v. DeShong, 603 So.2d 1349, 1352 (Fla. 2d DCA 1992); see also State v. Davidson, 744 So.2d 1180 (Fla. 2d DCA 1999)(quoting the language from DeShong ). 1 At the hearings held on Ellis’ motion to suppress, two witnesses were called: John Apell, a Ft.

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
Stanfield v. Salvation Army green
fladistctapp · 1997
1 sentence

2015Stem-field 695 So.2d at 803 ..,.

12015–2015
McBride v. State green
fladistctapp · 2002
1 sentence

2004The court concluded that the claim raised in the motion—that the consecutive habitual offender sentences imposed for the three crimes were illegal—was cognizable as an "illegal sentence" under rule 3.800(a) and that the motion was not barred as successive based upon this court's decision in McBride v. State, 810 So.2d 1019 (Fla. 5th DCA 2002). [1] On remand, the court decided that the consecutive sentences were illegal and Ellis had to be resentenced.

12004–2004

Where else courts name it

GA 9 (1992–2023) IL 9 (1984–2025) CA 8 (1989–2026) TX 7 (1973–2024) OH 7 (1992–2023) IN 6 (2017–2020) IA 6 (2015–2023) MS 6 (1995–2022) FL 6 (2000–2018) KS 4 (1985–2024) PA 4 (1997–2025) UT 4 (1986–2020) DE 3 (2018–2021) ND 3 (2000–2003) DC 3 (2001–2008) NE 2 (1987–2022) WA 2 (2015–2020) KY 2 (2024–2024) MO 2 (1989–2016) ID 2 (2013–2020) NY 2 (1996–2021) MI 2 (2016–2016) VA 2 (2011–2012) TN 2 (2020–2024) NV 2 (2007–2011) AL 2 (2010–2023) MT 2 (2009–2025)

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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