comment constituted fundamental error (Florida) · Go Syfert
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comment constituted fundamental error in Florida

5 Florida opinions name it 2 courts 1988–2015 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 (6)

CaseFollowedCited
City of Daytona Beach v. Del Perciogreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015The court held that the improper comment constituted fundamental error and remanded for resentencing before a different judge, Id, at 679-80 (citing City of Daytona Beach v. Del Percio, 476 So.2d 197, 206 (Fla.1985)).

11
McDonald v. Stategreen
fla · 1999 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013We have consistently observed fundamental error as the type of error that “reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” Brooks v. State, 762 So.2d 879, 899 (Fla.2000) (quoting McDonald v. State, 743 So.2d 501, 505 (Fla.1999)).

11
Brooks v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013We have consistently observed fundamental error as the type of error that “reaches down into the validity of the trial itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” Brooks v. State, 762 So.2d 879, 899 (Fla.2000) (quoting McDonald v. State, 743 So.2d 501, 505 (Fla.1999)).

11
Nurse v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009See id.

11
Urbin v. Stategreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999See Urbin v. State, 714 So.2d 411 (Fla.1998); Richardson v. State, 604 So.2d 1107 (Fla.1992); Rhodes v. State, 547 So.2d 1201 (Fla.1989).

11
Bertolotti v. Stategreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 1988–1988
1 sentence

1988On appeal, Erwin relies on Bertolotti v. State, 476 So.2d 130, 134 (Fla. *726 1985), and now contends that this comment constituted fundamental error because of its inflammatory pitting of class against class.

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
Rhodes v. State green
fla · 1989
1 sentence

1999See Urbin v. State, 714 So.2d 411 (Fla.1998); Richardson v. State, 604 So.2d 1107 (Fla.1992); Rhodes v. State, 547 So.2d 1201 (Fla.1989).

11999–1999
Richardson v. State green
fla · 1992
1 sentence

1999See Urbin v. State, 714 So.2d 411 (Fla.1998); Richardson v. State, 604 So.2d 1107 (Fla.1992); Rhodes v. State, 547 So.2d 1201 (Fla.1989).

11999–1999

Where else courts name it

FL 5 (1988–2015) AZ 3 (1984–2003)

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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