Benjamin motion (Florida) · Go Syfert
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Benjamin motion in Florida

5 Florida opinions name it 1 courts 1998–2018 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 (5)

CaseFollowedCited
Jones v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Jones v. State, 74 So. 3d 118, 120-21 (Fla. 1st DCA 2011) (holding that the relationship between the defendant and defense counsel became adversarial once counsel stated that he did not believe the defendant had a sufficient basis for withdrawing his plea and that the trial court should have either permitted counsel to withdraw or discharged counsel and appointed conflict-free counsel to represent the defendant because a motion to withdraw plea is a critical stage of the proceedings); see also Benjamin v. State, 230 So. 3d 953, 955 (Fla. 2d DCA 2017) (reversing and remanding for the trial

11
Benjamin v. Stategreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See Jones v. State, 74 So. 3d 118, 120-21 (Fla. 1st DCA 2011) (holding that the relationship between the defendant and defense counsel became adversarial once counsel stated that he did not believe the defendant had a sufficient basis for withdrawing his plea and that the trial court should have either permitted counsel to withdraw or discharged counsel and appointed conflict-free counsel to represent the defendant because a motion to withdraw plea is a critical stage of the proceedings); see also Benjamin v. State, 230 So. 3d 953, 955 (Fla. 2d DCA 2017) (reversing and remanding for the trial

11
Shores v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Cf. Shores v. State, 152 So.3d 93, 94 (Fla. 5th DCA 2014) (concluding that the denial of the motion to withdraw plea based on defendant not having read his discovery was not an abuse of discretion where “the denial was based on a finding that a defendant’s failure to read discovery until after the entry of a plea does not constitute good cause under [r]ule 3.170(f)”).

11
State v. Hinklegreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016Appellate Analysis “Because a motion to dismiss pursuant to rule 3.190(c)(4) requires the lower court to make a pretrial determination of the law of the case when the facts are not in dispute, the standard of review on appeal is de novo.” State v. Hinkle, 970 So.2d 433, 434 (Fla. 4th DCA 2007) (citing State v. Pasko, 815 So.2d 680, 681 (Fla. 2d DCA 2002)).

11
State v. Paskogreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016Appellate Analysis “Because a motion to dismiss pursuant to rule 3.190(c)(4) requires the lower court to make a pretrial determination of the law of the case when the facts are not in dispute, the standard of review on appeal is de novo.” State v. Hinkle, 970 So.2d 433, 434 (Fla. 4th DCA 2007) (citing State v. Pasko, 815 So.2d 680, 681 (Fla. 2d DCA 2002)).

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
Trapp v. State green
fla · 2000
1 sentence

2000After the trial court’s order was entered, the Florida Supreme Court, in Trapp v. State, 760 So.2d 924 (Fla.2000), abrogating Bor-tel\ held that persons challenging their sentences under the sentencing guidelines provisions amended by chapter 95-184, Laws of Florida, “have standing to do so if the relevant criminal offense or offenses occurred on or after October 1, 1995 and before May 24, 1997.” Since Benjamin’s offense occurred on April 25, 1997, in its response to this court’s order to show cause, although the Attorney General disagrees with Benjamin’s proposed 1994 sentencing guidelines ca

12000–2000
Griffin v. State green
fla · 1987
1 sentence

1998We refer the trial court to Griffin v. State, 517 So.2d 669 (Fla.1987), in the event of resentencing.

11998–1998

Where else courts name it

LA 14 (2006–2024) FL 5 (1998–2018) TX 4 (2010–2019) NY 3 (1999–2011) OH 3 (1999–2025) WA 2 (1999–1999) NJ 2 (2019–2024) MN 2 (1998–2014) SC 2 (2001–2015) AL 2 (2004–2013) CA 2 (2005–2021)

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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