failure to preserve challenge (Florida) · Go Syfert
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failure to preserve challenge in Florida

6 Florida opinions name it 2 courts 2005–2021 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.

Followed or applied (7)

CaseFollowedCited
Carratelli v. Stategreen
fla · 2007 · cited in 2 Florida opinions naming this issue, 2013–2017
2 sentences

2017Carratelli, 961 So. 2d at 322-23 . - 36 - Accordingly, when considering the failure to preserve a challenge to potential jurors in voir dire, the reviewing court should focus on the defendant’s trial, not his appeal.

2017Id. at 323 .

12
Jenkins v. Stategreen
fladistctapp · 2002 · cited in 2 Florida opinions naming this issue, 2005–2007
2 sentences

2007The test is whether the failure to preserve a challenge to a juror by sufficiently bringing the objection to the trial judge's attention "resulted in a biased juror serving on the jury." Id. at 1260 (quoting Jenkins v. State, 824 So.2d 977, 982 (Fla. 4th DCA 2002)).

2005The test is whether the failure to preserve a challenge to a juror by sufficiently bringing the objection to the trial judge's attention "resulted in a biased juror serving on the jury." Jenkins, 824 So.2d at 982 ; see Goeders v. Hundley, 59 F.3d 73, 75 (8th Cir.1995) (holding that where a claim of ineffective assistance of counsel is grounded in the claim that counsel failed to strike a biased juror, a defendant "must show that the juror was actually biased against him") Hughes v. United States, 258 F.3d 453, 458 (6th Cir.2001) (citing Goeders ).

12
Schwab v. Stategreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Appellate counsel cannot be deemed ineffective for failing to raise an issue that was not pursued or objected to at trial.”); see also Parker v. Dugger, 550 So. 2d 459, 460 (Fla. 1989) (“[H]abeas corpus petitions are not to be used for additional appeals on questions which could have been . . . or were raised on appeal or in a rule 3.850 motion, or on matters that were not objected to at trial.”). - 28 - by counsel and the habeas claim concerned the failure to preserve the claim. 814 So. 2d at 409-14 .

11
Parker v. Duggergreen
fla · 1989 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Appellate counsel cannot be deemed ineffective for failing to raise an issue that was not pursued or objected to at trial.”); see also Parker v. Dugger, 550 So. 2d 459, 460 (Fla. 1989) (“[H]abeas corpus petitions are not to be used for additional appeals on questions which could have been . . . or were raised on appeal or in a rule 3.850 motion, or on matters that were not objected to at trial.”). - 28 - by counsel and the habeas claim concerned the failure to preserve the claim. 814 So. 2d at 409-14 .

11
Palazon v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Neither of these reasons converts improper argument into proper.” Palazon v. State, 711 So.2d 1176, 1178 (Fla. 2d DCA 1998) (Blue, J., concurring specially).

11
Kline E. Goeders v. Thomas E. Hundleygreen
ca8 · 1995 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005The test is whether the failure to preserve a challenge to a juror by sufficiently bringing the objection to the trial judge's attention "resulted in a biased juror serving on the jury." Jenkins, 824 So.2d at 982 ; see Goeders v. Hundley, 59 F.3d 73, 75 (8th Cir.1995) (holding that where a claim of ineffective assistance of counsel is grounded in the claim that counsel failed to strike a biased juror, a defendant "must show that the juror was actually biased against him") Hughes v. United States, 258 F.3d 453, 458 (6th Cir.2001) (citing Goeders ).

11
Marshall Dwayne Hughes v. United Statesgreen
ca6 · 2001 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005The test is whether the failure to preserve a challenge to a juror by sufficiently bringing the objection to the trial judge's attention "resulted in a biased juror serving on the jury." Jenkins, 824 So.2d at 982 ; see Goeders v. Hundley, 59 F.3d 73, 75 (8th Cir.1995) (holding that where a claim of ineffective assistance of counsel is grounded in the claim that counsel failed to strike a biased juror, a defendant "must show that the juror was actually biased against him") Hughes v. United States, 258 F.3d 453, 458 (6th Cir.2001) (citing Goeders ).

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
Carratelli v. State green
fladistctapp · 2005
2 sentences

2007Both, the court said, "result in an issue not properly presented to the trial court for a ruling." Id.

2007The test is whether the failure to preserve a challenge to a juror by sufficiently bringing the objection to the trial judge's attention "resulted in a biased juror serving on the jury." Id. at 1260 (quoting Jenkins v. State, 824 So.2d 977, 982 (Fla. 4th DCA 2002)).

12007–2007
Roe v. Flores-Ortega green
scotus · 2000
2 sentences

2005The eleventh circuit relied upon Roe v. Flores-Ortega, 528 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), to conclude that on postconviction relief, the failure of trial counsel to preserve an objection to a juror should be judged by its effect on the defendant's appeal, and not on the underlying trial.

2005The eleventh circuit relied upon Roe v. Flores-Ortega, 528 U.S. 470 , 120 S.Ct. 1029 , 145 L.Ed.2d 985 (2000), to conclude that on postconviction relief, the failure of trial counsel to preserve an objection to a juror should be judged by its effect on the defendant's appeal, and not on the underlying trial.

12005–2005

Where else courts name it

TX 56 (1985–2025) IA 17 (1932–2025) IL 16 (1976–2023) CT 10 (1991–2021) NV 10 (2018–2024) MO 9 (1979–2024) WA 8 (1995–2026) OK 7 (2008–2024) PA 6 (1988–2019) FL 6 (2005–2021) MA 5 (1996–2023) IN 4 (1990–2019) OH 3 (1986–2016) CA 3 (1992–2016) NM 3 (2001–2023) DC 2 (2024–2024) VA 2 (2001–2001) MI 2 (2015–2015) OR 2 (1997–2002)

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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