meaningful retrospective competency hearing (Florida) · Go Syfert
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meaningful retrospective competency hearing in Florida

6 Florida opinions name it 2 courts 1999–2018 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 (3)

CaseFollowedCited
Jones v. Stategreen
fla · 1999 · cited in 5 Florida opinions naming this issue, 2014–2018
2 sentences

2018Moreover, as the Florida Supreme Court has concluded, " '[t]he chances of conducting a meaningful retrospective competency hearing decrease when experts must rely on a cold record.' " Dougherty , 149 So.3d at 679 (quoting Jones v. State , 740 So.2d 520 , 523 (Fla. 1999) ).

2018Moreover, as the Florida Supreme Court has concluded, " '[t]he chances of conducting a meaningful retrospective competency hearing decrease when experts must rely on a cold record.' " Dougherty , 149 So.3d at 679 (quoting Jones v. State , 740 So.2d 520 , 523 (Fla. 1999) ).

25
Mason v. Stategreen
fla · 1986 · cited in 3 Florida opinions naming this issue, 1999–2017
2 sentences

2017“The chances of conducting a meaningful retrospective competency hearing decrease when experts must rely on a cold record.” Id. (quoting Jones v. State, 740 So.2d 520, 523 (Fla. 1999)).

2014“The chances of conducting a meaningful retrospective competency hearing decrease when experts must rely on a cold record.” Jones, 740 So.2d at 523 (citing Mason v. State, 489 So.2d 734, 737 (Fla.1986)).

23
Favis Clay Martin v. W. J. Estelle, Jr., Director, Texas Department of Correctionsgreen
ca5 · 1978 · cited in 1 Florida opinions naming this issue, 2014–2014
2 sentences

2014Nevertheless, in Mason, this Court held that a nunc pro tunc competency evaluation could be done where “ ‘there are a sufficient number of expert and lay witnesses who have examined or observed the defendant contemporaneous with trial available to offer pertinent evidence at a retrospective hearing.’ ” 489 So. 2d at 737 (quoting Martin v. Estelle, 583 F.2d 1373, 1375 (5th Cir. 1979)).

2014Nevertheless, in Mason , this Court held that a nunc pro tunc competency evaluation could be done where “ ‘there are a sufficient number of expert and lay witnesses who have examined or observed the defendant contemporaneous with trial available to offer pertinent evidence at a retrospective hearing.’” 489 So.2d at 737 (quoting Martin v. Estelle, 583 F.2d 1373, 1375 (5th Cir.1978)).

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
Bernard J. Dougherty v. State of Florida green
fla · 2014
2 sentences

2018Moreover, as the Florida Supreme Court has concluded, " '[t]he chances of conducting a meaningful retrospective competency hearing decrease when experts must rely on a cold record.' " Dougherty , 149 So.3d at 679 (quoting Jones v. State , 740 So.2d 520 , 523 (Fla. 1999) ).

2018Moreover, as the Florida Supreme Court has concluded, " '[t]he chances of conducting a meaningful retrospective competency hearing decrease when experts must rely on a cold record.' " Dougherty , 149 So.3d at 679 (quoting Jones v. State , 740 So.2d 520 , 523 (Fla. 1999) ).

32018–2018

Where else courts name it

FL 6 (1999–2018) KS 3 (2015–2020) LA 3 (1999–2015) WI 3 (2016–2020)

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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