purpose of the evidentiary hearing (Florida) · Go Syfert
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purpose of the evidentiary hearing in Florida

6 Florida opinions name it 1 courts 2007–2025 2 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
Perez v. Stategreen
fladistctapp · 2013 · cited in 2 Florida opinions naming this issue, 2014–2025
2 sentences

2025“The purpose of the evidentiary hearing is to determine whether trial counsel acted reasonably in not presenting the alleged exculpatory evidence.” Perez, 128 So. 3d at 226 (citing Jacobs, 880 So. 2d at 555 ).

2014“The purpose of the evidentiary hearing is to determine whether trial counsel acted reasonably in not presenting the alleged exculpatory evidence.” Perez v. State, 128 So.3d 223, 226-27 (Fla. 2d DCA 2013).

12
Acquadro v. Bergerongreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Acquadro, 851 So.2d at 669 (noting that the purpose of the evidentiary hearing on jurisdiction was not to resolve whether the defendants committed tortious acts in the state but only whether they committed acts that would subject them to jurisdiction if proven to be true).

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 (2)

CaseCitedYears
Jacobs v. State green
fla · 2004
2 sentences

2025“The purpose of the evidentiary hearing is to determine whether trial counsel acted reasonably in not presenting the alleged exculpatory evidence.” Perez, 128 So. 3d at 226 (citing Jacobs, 880 So. 2d at 555 ).

2024“The purpose of the evidentiary hearing is to determine whether trial counsel acted reasonably in not presenting the alleged exculpatory evidence.” Id. (citing Jacobs, 880 So. 2d at 555 ). [A] claim of ineffectiveness in failing to present important exculpatory evidence cannot be resolved on the basis of the mere existence of conflicting evidence in the record.

32013–2025
Johnson v. State green
fla · 2011
1 sentence

2016The purpose of the evidentiary hearing is for the defendant to “establish that in fact [the defendant] did not understand his legal rights or otherwise entered the plea involuntarily.” Id.

12016–2016

Where else courts name it

FL 6 (2007–2025) WA 4 (2000–2013) MT 3 (1980–2001) NM 3 (2008–2009) CT 2 (2000–2002) MS 2 (2014–2014) OR 2 (2000–2021)

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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