Ferguson claim (Florida) · Go Syfert
← Florida issues

Ferguson claim in Florida

6 Florida opinions name it 2 courts 1986–2012 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 (10)

CaseFollowedCited
Godwin v. Stategreen
fla · 1992 · cited in 2 Florida opinions naming this issue, 2007–2007
2 sentences

2007“An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.” Godwin v. State, 593 So.2d 211, 212 (Fla.1992).

2007"An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect." Godwin v. State, 593 So.2d 211, 212 (Fla.1992).

22
Rose v. Stategreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Valle, 70 So.3d 530 (rejecting a claim that thirty-three years on death row constituted cruel and unusual punishment); Tompkins v. State, 994 So.2d 1072, 1085 (Fla.2008) (rejecting a claim that twenty-three years on death row constituted cruel and unusual punishment.); Gore, 91 So.3d at 780-81 (rejecting claim that twenty-eight years on death row constituted cruel and unusual punishment); Lucas v. State, 841 So.2d 380, 388-89 (Fla.2003) (rejecting claim that twenty-five years on death row constituted cruel and unusual punishment); Foster v. State, 810 So.2d 910, 916 (Fla.2002) (rejecting c

11
Foster v. Stategreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Valle, 70 So.3d 530 (rejecting a claim that thirty-three years on death row constituted cruel and unusual punishment); Tompkins v. State, 994 So.2d 1072, 1085 (Fla.2008) (rejecting a claim that twenty-three years on death row constituted cruel and unusual punishment.); Gore, 91 So.3d at 780-81 (rejecting claim that twenty-eight years on death row constituted cruel and unusual punishment); Lucas v. State, 841 So.2d 380, 388-89 (Fla.2003) (rejecting claim that twenty-five years on death row constituted cruel and unusual punishment); Foster v. State, 810 So.2d 910, 916 (Fla.2002) (rejecting c

11
Lucas v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Valle, 70 So.3d 530 (rejecting a claim that thirty-three years on death row constituted cruel and unusual punishment); Tompkins v. State, 994 So.2d 1072, 1085 (Fla.2008) (rejecting a claim that twenty-three years on death row constituted cruel and unusual punishment.); Gore, 91 So.3d at 780-81 (rejecting claim that twenty-eight years on death row constituted cruel and unusual punishment); Lucas v. State, 841 So.2d 380, 388-89 (Fla.2003) (rejecting claim that twenty-five years on death row constituted cruel and unusual punishment); Foster v. State, 810 So.2d 910, 916 (Fla.2002) (rejecting c

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

2012See Valle, 70 So.3d 530 (rejecting a claim that thirty-three years on death row constituted cruel and unusual punishment); Tompkins v. State, 994 So.2d 1072, 1085 (Fla.2008) (rejecting a claim that twenty-three years on death row constituted cruel and unusual punishment.); Gore, 91 So.3d at 780-81 (rejecting claim that twenty-eight years on death row constituted cruel and unusual punishment); Lucas v. State, 841 So.2d 380, 388-89 (Fla.2003) (rejecting claim that twenty-five years on death row constituted cruel and unusual punishment); Foster v. State, 810 So.2d 910, 916 (Fla.2002) (rejecting c

11
Tompkins v. Stategreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Valle, 70 So.3d 530 (rejecting a claim that thirty-three years on death row constituted cruel and unusual punishment); Tompkins v. State, 994 So.2d 1072, 1085 (Fla.2008) (rejecting a claim that twenty-three years on death row constituted cruel and unusual punishment.); Gore, 91 So.3d at 780-81 (rejecting claim that twenty-eight years on death row constituted cruel and unusual punishment); Lucas v. State, 841 So.2d 380, 388-89 (Fla.2003) (rejecting claim that twenty-five years on death row constituted cruel and unusual punishment); Foster v. State, 810 So.2d 910, 916 (Fla.2002) (rejecting c

11
Carter v. Stategreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012In Carter v. State, 706 So.2d 873, 875 (Fla.1997), this Court adopted Justice Overton’s concurring view in Jackson v. State, 452 So.2d 533, 537 (Fla.1984) (Over-ton, J., specially concurring), and stated that “a trial court must hold a competency hearing in a postconviction proceeding only after a capital defendant shows there are specific factual matters at issue that require the defendant to competently consult with counsel.” Carter, 706 So.2d at 875 (citing Jackson, 452 So.2d at 537 ).

2012In Carter v. State, 706 So.2d 873, 875 (Fla.1997), this Court adopted Justice Overton’s concurring view in Jackson v. State, 452 So.2d 533, 537 (Fla.1984) (Over-ton, J., specially concurring), and stated that “a trial court must hold a competency hearing in a postconviction proceeding only after a capital defendant shows there are specific factual matters at issue that require the defendant to competently consult with counsel.” Carter, 706 So.2d at 875 (citing Jackson, 452 So.2d at 537 ).

11
Gore v. Stategreen
fla · 2012 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Valle, 70 So.3d 530 (rejecting a claim that thirty-three years on death row constituted cruel and unusual punishment); Tompkins v. State, 994 So.2d 1072, 1085 (Fla.2008) (rejecting a claim that twenty-three years on death row constituted cruel and unusual punishment.); Gore, 91 So.3d at 780-81 (rejecting claim that twenty-eight years on death row constituted cruel and unusual punishment); Lucas v. State, 841 So.2d 380, 388-89 (Fla.2003) (rejecting claim that twenty-five years on death row constituted cruel and unusual punishment); Foster v. State, 810 So.2d 910, 916 (Fla.2002) (rejecting c

11
Valle v. Stategreen
fla · 2011 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Valle, 70 So.3d 530 (rejecting a claim that thirty-three years on death row constituted cruel and unusual punishment); Tompkins v. State, 994 So.2d 1072, 1085 (Fla.2008) (rejecting a claim that twenty-three years on death row constituted cruel and unusual punishment.); Gore, 91 So.3d at 780-81 (rejecting claim that twenty-eight years on death row constituted cruel and unusual punishment); Lucas v. State, 841 So.2d 380, 388-89 (Fla.2003) (rejecting claim that twenty-five years on death row constituted cruel and unusual punishment); Foster v. State, 810 So.2d 910, 916 (Fla.2002) (rejecting c

11
Jackson v. Stategreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012In Carter v. State, 706 So.2d 873, 875 (Fla.1997), this Court adopted Justice Overton’s concurring view in Jackson v. State, 452 So.2d 533, 537 (Fla.1984) (Over-ton, J., specially concurring), and stated that “a trial court must hold a competency hearing in a postconviction proceeding only after a capital defendant shows there are specific factual matters at issue that require the defendant to competently consult with counsel.” Carter, 706 So.2d at 875 (citing Jackson, 452 So.2d at 537 ).

2012In Carter v. State, 706 So.2d 873, 875 (Fla.1997), this Court adopted Justice Overton’s concurring view in Jackson v. State, 452 So.2d 533, 537 (Fla.1984) (Over-ton, J., specially concurring), and stated that “a trial court must hold a competency hearing in a postconviction proceeding only after a capital defendant shows there are specific factual matters at issue that require the defendant to competently consult with counsel.” Carter, 706 So.2d at 875 (citing Jackson, 452 So.2d at 537 ).

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 (3)

CaseCitedYears
Taylor v. State green
fladistctapp · 2002
1 sentence

2003We therefore affirm the trial court’s denial of Ferguson’s motion to correct sentencing error but certify conflict with Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002).

12003–2003
Ferguson v. State green
fla · 1992
2 sentences

2001Ferguson v. State, 593 So.2d 508 (Fla.1992).

2001Instead, this Court concluded that Ferguson's claim that his postconviction proceedings should be stayed pending a competency determination lacked merit and "may be summarily denied." Ferguson, 593 So.2d 508, 513 .

12001–2001
Weisz v. Miami Shores Village green
fladistctapp · 1984
1 sentence

1986As pointed out in that opinion: Section 932.701(2)(e) applies to make a handgun contraband only where the felony in which it is an instrumentality is, by generic definition, an independent felony which can be committed without that firearm. 461 So.2d at 140 .

11986–1986

Where else courts name it

MS 270 (1991–2026) TN 57 (2001–2026) GA 6 (1981–2016) FL 6 (1986–2012) OH 6 (1996–2023) MO 5 (1967–2016) TX 4 (1982–2020) WA 4 (1995–2011) MN 4 (1986–2013) VA 4 (1996–2020) MI 4 (1996–2025) AL 3 (2000–2024) AR 2 (2007–2024) DE 2 (1994–2017) CA 2 (1986–2024) MA 2 (1987–1996) WI 2 (2025–2025) IN 2 (2010–2026) KS 2 (1987–2022) LA 2 (1986–2011) NY 2 (1998–2017)

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.

← Caselaw search · G Cite Topics · Brief Check