correction of unpreserved error (Florida) · Go Syfert
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correction of unpreserved error in Florida

5 Florida opinions name it 2 courts 2021–2025 5 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
United States v. Olanogreen
scotus · 1993 · cited in 3 Florida opinions naming this issue, 2021–2025
2 sentences

2025The court explained, “No procedural principle is more familiar . . . than that a constitutional right, or a right of any other sort, may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it.” Id. (quoting United States v. Olano, 507 U.S. 725, 731 (1993)).

2025It noted, “‘[n]o procedural principle is more familiar,’ the Supreme Court has observed, ‘than that a constitutional right, or a right of any other sort, may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it.’” Id. (quoting United States v. Olano, 507 U.S. 725, 731 (1993)).

33
Lackey v. Stategreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025In that case, the Court stated that “a defendant has no constitutional due process right to the correction of unpreserved error.” Dortch, 242 So. 3d at 1081.

11
Jackson v. Stategreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025Cf. Jackson v. State, 983 So. 2d 562, 569 (Fla. 2008) (observing that “for sentencing errors, to raise even fundamental error on appeal, defendants must first file a motion under rule 3.800(b)”); State v. Dortch, 317 So. 3d 1074 , 1081 (Fla. 2021) (noting that “a defendant has no constitutional due process right to the correction of unpreserved error” and “that a constitutional right, or a right of any other sort, may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it” (internal quotations o

11
Hall v. Stategreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Hall v. State, 823 So. 2d 757, 763 (Fla. 2002) (finding where the appellant “made no argument” as to a certain issue in his initial brief, that issue was deemed abandoned); D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870, 880 (Fla. 2018) (“Claims of error not raised by an appellant in its initial brief are deemed abandoned.”); cf. State v. Dortch, 317 So. 3d 1074 , 1081 (Fla. 2021) (describing that even if an error is fundamental, “a defendant has no constitutional due process right to the correction of unpreserved error”); id. at 1081–82 (explaining that “for sentencing errors, to raise

11
D.H. v. Adept Community Services, Inc.green
fla · 2018 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Hall v. State, 823 So. 2d 757, 763 (Fla. 2002) (finding where the appellant “made no argument” as to a certain issue in his initial brief, that issue was deemed abandoned); D.H. v. Adept Cmty. Servs., Inc., 271 So. 3d 870, 880 (Fla. 2018) (“Claims of error not raised by an appellant in its initial brief are deemed abandoned.”); cf. State v. Dortch, 317 So. 3d 1074 , 1081 (Fla. 2021) (describing that even if an error is fundamental, “a defendant has no constitutional due process right to the correction of unpreserved error”); id. at 1081–82 (explaining that “for sentencing errors, to raise

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Statutes the citing opinions construe

FL § 924.051 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 5 (2021–2025) OK 2 (2018–2018)

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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