State has confessed error (Florida) · Go Syfert
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State has confessed error in Florida

6 Florida opinions name it 2 courts 1990–2019 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
Rangel v. Stategreen
fladistctapp · 2019 · cited in 2 Florida opinions naming this issue, 2019–2019
2 sentences

2019Smith v. State , 260 So. 3d 578 (Fla. 3d DCA 2019) ("[T]he trial court's failure to instruct the jury as to Florida Standard Jury Instruction (Criminal) 3.7 Plea of Not Guilty; Reasonable Doubt, and Burden of Proof, or any similar instruction, constituted fundamental error.").

2019Smith v. State , 260 So. 3d 578 (Fla. 3d DCA 2019) ("[T]he trial court's failure to instruct the jury as to Florida Standard Jury Instruction (Criminal) 3.7 Plea of Not Guilty; Reasonable Doubt, and Burden of Proof, or any similar instruction, constituted fundamental error.").

22
Perry v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010“A confession of error, however, is not binding upon an appellate court, and it is the practice of Florida appellate courts not to accept erroneous concessions by the state.” Perry v. State, 808 So.2d 268, 268 (Fla. 1st DCA 2002) (citations omitted).

11
KAC v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See KAC. v. State, 707 So.2d 1175 (Fla. 3d DCA 1998).

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
Watson v. State neutral
fladistctapp · 2002
1 sentence

2006The dissent would disregard the State’s confession of error simply because the trial judge stated that he “reviewed everything that was provided to me by both sides.” Respectfully, this is insufficient for appellate review as we must be able to “discern precisely what the successor judge reviewed in this case.” Watson v. State, 820 So.2d at 1058 .

12006–2006
State v. Harwood green
fladistctapp · 1986
1 sentence

1991(See State v Harwood, 488 So.2d 901 (Fla. 5th DCA 1986).

11991–1991
Boykin v. Alabama green
scotus · 1969
2 sentences

1990However, the State has confessed error regarding the adjudication of delinquency entered in Circuit Court case number 88-3585, based upon the court’s failure to determine that the juvenile freely, knowingly, and voluntarily tendered the plea of nolo contendere as is required by Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969).

1990However, the State has confessed error regarding the adjudication of delinquency entered in Circuit Court case number 88-3585, based upon the court’s failure to determine that the juvenile freely, knowingly, and voluntarily tendered the plea of nolo contendere as is required by Boykin v. Alabama, 395 U.S. 238 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969).

11990–1990

Where else courts name it

TX 7 (1975–2021) IL 7 (1967–2026) FL 6 (1990–2019) VT 3 (2015–2019) AK 3 (1979–2009) WV 2 (2000–2021) NM 2 (1983–2007)

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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