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6 Florida opinions name it 1 courts 1988–2017 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 |
|---|---|---|
Jones v. Stategreen1 sentence2017Second, the facts alleged in the remaining grounds 3 for relief asserted in Lamb’s motion do not constitute evidence because the term “fact” under rule 3.850(b)(1) refers to newly discovered evidence “that tends to prove or disprove guilt or innocence.” See Coppola v. State, 938 So.2d 507, 511 (Fla. 2006) (citing Jones v. State, 591 So.2d 911, 915 (Fla. 1991) (holding that in order to be entitled to *1111 relief under rule 3.850, the defendant must proffer “newly discovered evidence [that is] of such nature that it would probably produce an acquittal on retrial”)). | 1 | 1 |
Coppola v. Stategreen1 sentence2017Second, the facts alleged in the remaining grounds 3 for relief asserted in Lamb’s motion do not constitute evidence because the term “fact” under rule 3.850(b)(1) refers to newly discovered evidence “that tends to prove or disprove guilt or innocence.” See Coppola v. State, 938 So.2d 507, 511 (Fla. 2006) (citing Jones v. State, 591 So.2d 911, 915 (Fla. 1991) (holding that in order to be entitled to *1111 relief under rule 3.850, the defendant must proffer “newly discovered evidence [that is] of such nature that it would probably produce an acquittal on retrial”)). | 1 | 1 |
Millan v. Stategreen2 sentences2016Second, citing to Millan v. State, 55 So. 3d 694, 696 (Fla. 3d DCA 2011), the court concluded that Lamb’s claim that counsel’s advice to reject a plea offer based upon counsel’s belief that he “could win at trial” was legally insufficient to establish ineffective assistance of counsel, absent Lamb pleading some specific deficiency in the performance of counsel. 2016Second, citing to Millan v. State, 55 So.3d 694, 696 (Fla. 3d DCA 2011), the court concluded that Lamb’s claim that counsel’s advice to reject a plea offer based upon counsel’s belief that he “could win at trial” was legally insufficient to establish ineffective assistance of counsel, absent Lamb pleading some specific deficiency in the performance of counsel. | 1 | 1 |
Steel v. Stategreen2 sentences2016“A claim that misinformation supplied by counsel induced a defendant to reject a favorable plea offer can constitute actionable ineffective assistance of counsel.” Colon v. State, 909 So. 2d 484, 490 (Fla. 5th DCA 2005) (quoting Steel v. State, 684 So. 2d 290, 291 (Fla. 4th DCA 1996) (additional citations omitted)). 2016“A claim that misinformation supplied by counsel induced a defendant-to reject a favorable plea offer can constitute actionable ineffective assistance of counsel.” Colon v. State, 909 So.2d 484, 490 (Fla. 5th DCA 2005) (quoting Steel v. State, 684 So.2d 290, 291 (Fla. 4th DCA 1996) (additional citations omitted)). | 1 | 1 |
Marshall v. Stategreen1 sentence2016See Prevost v. State, 972 So. 2d 274, 275 (Fla. 1st DCA 2008). 4 LAMBERT, J., concurring and concurring specially. 5D16-2254 I concur with the majority opinion that because claim six of Lamb’s motion was facially insufficient, she should be given at least one opportunity to correct any deficiencies. | 1 | 1 |
Colon v. Stategreen2 sentences2016“A claim that misinformation supplied by counsel induced a defendant to reject a favorable plea offer can constitute actionable ineffective assistance of counsel.” Colon v. State, 909 So. 2d 484, 490 (Fla. 5th DCA 2005) (quoting Steel v. State, 684 So. 2d 290, 291 (Fla. 4th DCA 1996) (additional citations omitted)). 2016“A claim that misinformation supplied by counsel induced a defendant-to reject a favorable plea offer can constitute actionable ineffective assistance of counsel.” Colon v. State, 909 So.2d 484, 490 (Fla. 5th DCA 2005) (quoting Steel v. State, 684 So.2d 290, 291 (Fla. 4th DCA 1996) (additional citations omitted)). | 1 | 1 |
MN v. Stategreen1 sentence2011See M.N. v. State, 16 So.3d 280, 281 (Fla. 2d DCA 2009) (“A motion is dispositive if the State could not proceed to trial if the defendant prevailed on the appeal of the ruling on the motion.”). | 1 | 1 |
Pellar v. Granger Asphalt Paving, Inc.green1 sentence2010See Pellar, 687 So.2d at 284 . | 1 | 1 |
Lamb v. Stategreen1 sentence2008See Lamb v. State, 575 So.2d 310 (Fla. 2d DCA 1991) ("[A]bsent either facts which were unknown and could not be ascertained by the exercise of due diligence or a retroactive change in a fundamental constitutional right," Lamb's rule 3.850 motion for postconviction relief was untimely as it was not filed "within two years of the finality of the judgment and sentence," even though motion was filed within two years of the revocation of his probation.) Even if timely filed, we conclude that, based on our review of the portions of the record attached to the trial court's order, including, the plea | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Williams v. State
green
1 sentence2017Williams v. State, 110 So.2d 654 (Fla. 1959); see also § 90.404(2)(a), Fla. Stat. (2008). 5 . | 1 | 2017–2017 |
Sampson v. State
neutral
1 sentence1988Lamb argues that the court committed reversible error by failing to renew the offer of counsel prior to the trial held three weeks later, as mandated by rule 3.111(d)(5) (1987), citing Sampson v. State, 466 So.2d 1181 (Fla. 1st DCA 1985) rev. den. 476 So.2d 675 (Fla. 1985) (failure to renew offer of counsel at trial held one week after counsel was waived amounted to reversible error). [1] We disagree. | 1 | 1988–1988 |
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.