failure to raise defense (Florida) · Go Syfert
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failure to raise defense in Florida

6 Florida opinions name it 2 courts 1986–2008 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
People v. Michaelgreen
ny · 1979 · cited in 2 Florida opinions naming this issue, 1986–1990
2 sentences

1990See People v. Michael, 48 N.Y.2d 1 , 394 N.E.2d 1134 , 420 N.Y.S.2d 371 (1979).

1990See People v. Michael, 48 N.Y.2d 1 , 394 N.E.2d 1134 , 420 N.Y.S.2d 371 (1979).

22
Rutherford v. Mooregreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See Rutherford v. Moore, 774 So.2d at 643 (the failure of appellate counsel to raise what in all probability would be a meritless issue will not render appellate counsel's performance ineffective).

11
Occhicone v. Stategreen
fla · 1990 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993See, e.g., Occhicone v. State, 570 So.2d 902, 906 (Fla. 1990) (rejecting claim that Florida's penalty instructions on cold, calculated, and premeditated and heinous, atrocious, or cruel were unconstitutionally vague), cert. denied, ___ U.S. ___, 111 S.Ct. 2067 , 114 L.Ed.2d 471 (1991).

11
In re Carsongreen
scotus · 1991 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993See, e.g., Occhicone v. State, 570 So.2d 902, 906 (Fla. 1990) (rejecting claim that Florida's penalty instructions on cold, calculated, and premeditated and heinous, atrocious, or cruel were unconstitutionally vague), cert. denied, ___ U.S. ___, 111 S.Ct. 2067 , 114 L.Ed.2d 471 (1991).

11
Torres v. Illinois Bell Telephone Co.green
scotus · 1991 · cited in 1 Florida opinions naming this issue, 1993–1993
2 sentences

1993See, e.g., Occhicone v. State, 570 So.2d 902, 906 (Fla. 1990) (rejecting claim that Florida's penalty instructions on cold, calculated, and premeditated and heinous, atrocious, or cruel were unconstitutionally vague), cert. denied, ___ U.S. ___, 111 S.Ct. 2067 , 114 L.Ed.2d 471 (1991).

1993Moreover, even if we were to find counsel's performance deficient, the failure to raise this claim clearly did not result in prejudice because the claim likely would have been rejected on direct appeal, id., and any error that might have been recognized would have been harmless beyond a reasonable doubt.

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
Looney v. State green
fla · 2001
1 sentence

2008In Looney v. State, 803 So.2d 656 (Fla.2001), this Court held that the trial court erred when it admitted autopsy photos of victims who had been set on fire after they had been murdered, but concluded that the error was harmless: Because the victims' bodies were so damaged by the fire, neither of the admitted autopsy photos (each depicting close-ups of the charred remains of the victims) are probative of the medical examiner's determination as to the manner of the victims' deaths.

12008–2008
Granberry v. State green
fladistctapp · 2006
1 sentence

2006In Granberry v. State, 919 So.2d 699 (Fla. 5th DCA 2006), this court addressed a similar claim of ineffective assistance of appellate counsel related to the failure to raise a challenge to the trial court's issuance to the jury of the forcible felony exception to self-defense claim.

12006–2006

Where else courts name it

PA 838 (1978–2026) IL 151 (1976–2026) NE 39 (2016–2026) CT 35 (1965–2023) CA 25 (1969–2024) NY 16 (1989–2026) OH 15 (2000–2026) IN 14 (1987–2019) TX 9 (1991–2023) GA 8 (1991–2026) MO 7 (1977–2024) AL 7 (1993–2017) FL 6 (1986–2008) IA 4 (1973–2017) AK 4 (1971–2008) UT 4 (2004–2019) DC 4 (1993–2024) MI 4 (1986–2018) CO 4 (1984–2020) WI 3 (2013–2020) AZ 3 (2002–2024) WY 2 (1988–1989) MA 2 (2000–2023) OK 2 (1994–1995) MD 2 (1983–2018) LA 2 (1999–2002) TN 2 (1995–2012) DE 2 (1996–2018) OR 2 (2026–2026)

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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