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6 Florida opinions name it 2 courts 1990–2015 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.
| Case | Followed | Cited |
|---|---|---|
State v. Lucasgreen1 sentence2015Alternatively, appellant argues that if this court finds Morris correctly interpreted Jones as holding that the failure to request an instruction on a necessarily lesser-included offense in a non-capital case is not fundamental error, then appellant argues Jones is inconsistent with Montgomery, Haygood, and State v. Lucas, 645 So.2d 425, 426-27 (Fla.1994), all of which held an incomplete or erroneous instruction on manslaughter as a lesser-included offense only one step removed may be fundamental error. | 1 | 1 |
United States v. Kenneth E. Haddockgreen1 sentence2006See U.S. v. Haddock, 12 F.3d 950, 959 (10th Cir.1993). | 1 | 1 |
Nowitzke v. Stategreen1 sentence2005See Nowitzke, 572 So.2d at 1349-50 (finding error where the trial court failed to hold a second competency hearing after the formerly incompetent defendant exhibited bizarre behavior while entering his plea); Tingle v. State, 536 So.2d 202 (Fla.1988) (reversing where the trial court denied a requested competency evaluation); Scott v. State, 420 So.2d 595 (Fla.1982) (reversing because the trial court refused to grant a hearing); State v. Tait, 387 So.2d 338 (Fla.1980) (noting that the failure to request a hearing does not constitute waiver but holding that a trial court is not required to condu | 1 | 1 |
Smith v. Stategreen1 sentence2003See Smith v. State, 807 So.2d 755 (Fla. 4th DCA 2002). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Adams v. State
green
2 sentences1991Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 [ 103 S.Ct. 182 , 74 L.Ed.2d 148 ] (1982). 1990Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 , 103 S.Ct. 182 , 74 L.Ed.2d 148 (1982). | 2 | 1990–1991 |
Tison v. Arizona
green
2 sentences1991Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 [ 103 S.Ct. 182 , 74 L.Ed.2d 148 ] (1982). 1991Adams v. State, 412 So.2d 850 (Fla.), cert. denied, 459 U.S. 882 [ 103 S.Ct. 182 , 74 L.Ed.2d 148 ] (1982). | 2 | 1990–1991 |
State v. Tait
green
1 sentence2005See Nowitzke, 572 So.2d at 1349-50 (finding error where the trial court failed to hold a second competency hearing after the formerly incompetent defendant exhibited bizarre behavior while entering his plea); Tingle v. State, 536 So.2d 202 (Fla.1988) (reversing where the trial court denied a requested competency evaluation); Scott v. State, 420 So.2d 595 (Fla.1982) (reversing because the trial court refused to grant a hearing); State v. Tait, 387 So.2d 338 (Fla.1980) (noting that the failure to request a hearing does not constitute waiver but holding that a trial court is not required to condu | 1 | 2005–2005 |
Scott v. State
green
1 sentence2005See Nowitzke, 572 So.2d at 1349-50 (finding error where the trial court failed to hold a second competency hearing after the formerly incompetent defendant exhibited bizarre behavior while entering his plea); Tingle v. State, 536 So.2d 202 (Fla.1988) (reversing where the trial court denied a requested competency evaluation); Scott v. State, 420 So.2d 595 (Fla.1982) (reversing because the trial court refused to grant a hearing); State v. Tait, 387 So.2d 338 (Fla.1980) (noting that the failure to request a hearing does not constitute waiver but holding that a trial court is not required to condu | 1 | 2005–2005 |
Tingle v. State
green
1 sentence2005See Nowitzke, 572 So.2d at 1349-50 (finding error where the trial court failed to hold a second competency hearing after the formerly incompetent defendant exhibited bizarre behavior while entering his plea); Tingle v. State, 536 So.2d 202 (Fla.1988) (reversing where the trial court denied a requested competency evaluation); Scott v. State, 420 So.2d 595 (Fla.1982) (reversing because the trial court refused to grant a hearing); State v. Tait, 387 So.2d 338 (Fla.1980) (noting that the failure to request a hearing does not constitute waiver but holding that a trial court is not required to condu | 1 | 2005–2005 |
Fowler v. State
green
1 sentence2005See Nowitzke, 572 So.2d at 1349-50 (finding error where the trial court failed to hold a second competency hearing after the formerly incompetent defendant exhibited bizarre behavior while entering his plea); Tingle v. State, 536 So.2d 202 (Fla.1988) (reversing where the trial court denied a requested competency evaluation); Scott v. State, 420 So.2d 595 (Fla.1982) (reversing because the trial court refused to grant a hearing); State v. Tait, 387 So.2d 338 (Fla.1980) (noting that the failure to request a hearing does not constitute waiver but holding that a trial court is not required to condu | 1 | 2005–2005 |
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.