unrelated rule (Florida) · Go Syfert
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unrelated rule in Florida

6 Florida opinions name it 2 courts 1964–2011 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
Francois v. Kleingreen
fla · 1983 · cited in 2 Florida opinions naming this issue, 2003–2003
2 sentences

2003See generally Francois v. Klein, 431 So.2d 165 (Fla.1983)(explaining that a rule 3.850 motion could be considered by the trial court while a petition for writ of habeas corpus as to the same case was pending in the appellate court); Keel v. State, 740 So.2d 4 (Fla. 1st DCA 1999)(holding that a court can rule on a rule 3.850 motion when an appeal is pending from the denial of an unrelated rule 3.800(a) motion); Clark v. State, 720 So.2d 1097 (Fla. 2d DCA 1998)(holding trial court could consider merits of rule 3.850 motion, raising ineffective assistance of counsel claims, while appeal of sexual

2003See generally Francois v. Klein, 431 So.2d 165 (Fla.1983) (explaining that a rule 3.850 motion could be considered by the trial court while a petition for writ of habeas corpus as to the same case was pending in the appellate court); Jones v. State, 787 So.2d 35 (Fla. 2d DCA 2001) (ruling that the trial court should not have dismissed a rule 3.850 motion while a prior unrelated postconviction motion was on appeal); Norman v. State, 739 So.2d 1258 (Fla. 1st DCA 1999) (holding that a court can rule on a 3.850 motion when an appeal is pending from an unrelated rule 3.800(a) motion).

22
Newberry v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Newberry v. State, 827 So.2d 387 (Fla. 4th DCA 2002); Norman v. State, 739 So.2d 1258 (Fla. 1st DCA 1999).

11
Longo v. Stategreen
fla · 1946 · cited in 1 Florida opinions naming this issue, 1964–1964
2 sentences

1964See also Longo v. State, 157 Fla. 668 , 26 So.2d 818 .

1964See also Longo v. State, 157 Fla. 668 , 26 So.2d 818 .

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 (9)

CaseCitedYears
Norman v. State green
fladistctapp · 1999
2 sentences

2006See Newberry v. State, 827 So.2d 387 (Fla. 4th DCA 2002); Norman v. State, 739 So.2d 1258 (Fla. 1st DCA 1999).

2003See generally Francois v. Klein, 431 So.2d 165 (Fla.1983) (explaining that a rule 3.850 motion could be considered by the trial court while a petition for writ of habeas corpus as to the same case was pending in the appellate court); Jones v. State, 787 So.2d 35 (Fla. 2d DCA 2001) (ruling that the trial court should not have dismissed a rule 3.850 motion while a prior unrelated postconviction motion was on appeal); Norman v. State, 739 So.2d 1258 (Fla. 1st DCA 1999) (holding that a court can rule on a 3.850 motion when an appeal is pending from an unrelated rule 3.800(a) motion).

22003–2006
Hitchcock v. State green
fla · 1996
1 sentence

2011Id. at 863 , 860 n. 1. *177 As the Court had already determined that Hitchcock was entitled to resentencing based on an unrelated claim, the Court did not need to address either of these arguments.

12011–2011
Jones v. State green
fladistctapp · 2001
1 sentence

2003See generally Francois v. Klein, 431 So.2d 165 (Fla.1983) (explaining that a rule 3.850 motion could be considered by the trial court while a petition for writ of habeas corpus as to the same case was pending in the appellate court); Jones v. State, 787 So.2d 35 (Fla. 2d DCA 2001) (ruling that the trial court should not have dismissed a rule 3.850 motion while a prior unrelated postconviction motion was on appeal); Norman v. State, 739 So.2d 1258 (Fla. 1st DCA 1999) (holding that a court can rule on a 3.850 motion when an appeal is pending from an unrelated rule 3.800(a) motion).

12003–2003
Keel v. State green
fladistctapp · 1999
1 sentence

2003See generally Francois v. Klein, 431 So.2d 165 (Fla.1983)(explaining that a rule 3.850 motion could be considered by the trial court while a petition for writ of habeas corpus as to the same case was pending in the appellate court); Keel v. State, 740 So.2d 4 (Fla. 1st DCA 1999)(holding that a court can rule on a rule 3.850 motion when an appeal is pending from the denial of an unrelated rule 3.800(a) motion); Clark v. State, 720 So.2d 1097 (Fla. 2d DCA 1998)(holding trial court could consider merits of rule 3.850 motion, raising ineffective assistance of counsel claims, while appeal of sexual

12003–2003
Clark v. State green
fladistctapp · 1998
1 sentence

2003See generally Francois v. Klein, 431 So.2d 165 (Fla.1983)(explaining that a rule 3.850 motion could be considered by the trial court while a petition for writ of habeas corpus as to the same case was pending in the appellate court); Keel v. State, 740 So.2d 4 (Fla. 1st DCA 1999)(holding that a court can rule on a rule 3.850 motion when an appeal is pending from the denial of an unrelated rule 3.800(a) motion); Clark v. State, 720 So.2d 1097 (Fla. 2d DCA 1998)(holding trial court could consider merits of rule 3.850 motion, raising ineffective assistance of counsel claims, while appeal of sexual

12003–2003
McDonalds Corp. v. Doty neutral
fladistctapp · 1983
1 sentence

1984Cf. McDonalds Corp. v. Doty, 431 So.2d 291 (Fla. 1st DCA 1983).

11984–1984
Brown v. State green
fla · 1956
1 sentence

1964However, my view is not to be construed as one that once an officer intercepts a motorist to inspect his driver’s license or for any other lawful reason he may not conduct a search if there comes to his plain view evidence indicating that the operator is then engaged in an unrelated violation of law such as was the case in State v. Simmons, Fla., 85 So.2d 879 , Brown v. State, Fla., 91 So.2d 175 , and Self v. State, Fla., 98 So.2d 333 .

11964–1964
Self v. State green
fla · 1957
1 sentence

1964However, my view is not to be construed as one that once an officer intercepts a motorist to inspect his driver’s license or for any other lawful reason he may not conduct a search if there comes to his plain view evidence indicating that the operator is then engaged in an unrelated violation of law such as was the case in State v. Simmons, Fla., 85 So.2d 879 , Brown v. State, Fla., 91 So.2d 175 , and Self v. State, Fla., 98 So.2d 333 .

11964–1964
State v. Simmons neutral
fla · 1956
1 sentence

1964However, my view is not to be construed as one that once an officer intercepts a motorist to inspect his driver’s license or for any other lawful reason he may not conduct a search if there comes to his plain view evidence indicating that the operator is then engaged in an unrelated violation of law such as was the case in State v. Simmons, Fla., 85 So.2d 879 , Brown v. State, Fla., 91 So.2d 175 , and Self v. State, Fla., 98 So.2d 333 .

11964–1964

Where else courts name it

NY 30 (1992–2026) TX 12 (1991–2014) VA 9 (1974–2006) FL 6 (1964–2011) CA 6 (1983–2023) IN 6 (1988–2023) MD 5 (1977–2018) PA 5 (1987–2026) OR 4 (2014–2015) NJ 3 (1984–2017) TN 3 (1998–2021) DE 2 (1988–2021) IA 2 (1974–1986) IL 2 (1983–1999) MA 2 (1996–2013) VT 2 (2005–2019) MI 2 (1986–2000)

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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