finding constitutes fundamental error (Florida) · Go Syfert
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finding constitutes fundamental error in Florida

6 Florida opinions name it 1 courts 2017–2020 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 (2)

CaseFollowedCited
Ronald Pak Zern v. State of Floridagreen
fladistctapp · 2016 · cited in 5 Florida opinions naming this issue, 2017–2019
2 sentences

2019This right cannot be waived, and a trial court's failure to make such a finding constitutes fundamental error." (citation omitted) (citing Zern v. State, 191 So. 3d 962, 965 (Fla. 1st DCA 2016))).

2018“This right cannot be waived, and a trial court’s failure to make such a finding constitutes fundamental error.” Id. (citing Zern, 191 So.3d at 965 ).

25
Bernard J. Dougherty v. State of Floridagreen
fla · 2014 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019"Generally, the remedy for a trial court's failure to conduct a proper competency hearing is for the defendant to receive a new trial, if deemed competent to proceed on remand." Dougherty v. State, 149 So. 3d 672, 678-79 (Fla. 2014).

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 (1)

CaseCitedYears
Golloman v. State green
fladistctapp · 2017
2 sentences

2020“This right cannot be waived, and a trial court’s failure to make such a finding constitutes fundamental error.” Id.

2018"This right cannot be waived, and a trial court's failure to make such a finding constitutes fundamental error." Id. (quoting Golloman , 226 So.3d at 335 , which in turn cited to Zern v. State , 191 So.3d 962 , 965 (Fla. 1st DCA 2016) ).

32018–2020

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