failure to correct error (Florida) · Go Syfert
← Florida issues

failure to correct error in Florida

5 Florida opinions name it 1 courts 2010–2016 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
Bronk v. Stategreen
fladistctapp · 2010 · cited in 3 Florida opinions naming this issue, 2011–2016
2 sentences

2016See Plasencia v. State, 170 So.3d 865, 872 (Fla. 2d DCA 2015) (holding that an improper upward departure sentence resulting in nine additional years of imprisonment constituted a manifest injustice which precluded the application of collateral estoppel to bar Mr. Plasencia’s claim); Bronk v. State, 25 So.3d 701, 703 (Fla. 2d DCA 2010) (“The fact that this court affirmed a denial of [Mr. Bronk’s] claim in a previous postconviction motion does not preclude relief when the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest inj

2013And, as the State concedes, the postconviction court’s previous order denying this claim should not bar relief “because ‘the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest injustice.’ ” Zamora v.State, 96 So.3d 1116 , 1116 (Fla. 2d DCA 2012) (quoting Bronk v. State, 25 So.3d 701, 703 (Fla. 2d DCA 2010)).

33
State v. McBridegreen
fla · 2003 · cited in 3 Florida opinions naming this issue, 2010–2012
2 sentences

2012The postconviction court denied the instant motion as successive to an earlier motion for jail credit, which was denied, but the instant motion is not barred as successive because “the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest injustice.” Bronk, 25 So.3d at 703 (citing State v. McBride, 848 So.2d 287 (Fla.2003)).

2011See Bronk v. State, 25 So.3d 701, 703 (Fla. 2d DCA 2010) (“The fact that this court affirmed a denial of his claim in a previous postconviction motion does not preclude relief when the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest injustice.” (citing McBride, 848 So.2d at 291 )).

23
Cillo v. Stategreen
fladistctapp · 2005 · cited in 2 Florida opinions naming this issue, 2010–2016
2 sentences

2016See Plasencia v. State, 170 So.3d 865, 872 (Fla. 2d DCA 2015) (holding that an improper upward departure sentence resulting in nine additional years of imprisonment constituted a manifest injustice which precluded the application of collateral estoppel to bar Mr. Plasencia’s claim); Bronk v. State, 25 So.3d 701, 703 (Fla. 2d DCA 2010) (“The fact that this court affirmed a denial of [Mr. Bronk’s] claim in a previous postconviction motion does not preclude relief when the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest inj

2010See State v. McBride, 848 So.2d 287 (Fla.2003); Cillo v. State, 913 So.2d 1233 (Fla. 2d DCA 2005); Lawton v. State, 731 So.2d 60 (Fla. 2d DCA 1999); Allen v. State, 989 So.2d 731 (Fla. 4th DCA 2008).

12
Plasencia v. Stategreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Plasencia v. State, 170 So.3d 865, 872 (Fla. 2d DCA 2015) (holding that an improper upward departure sentence resulting in nine additional years of imprisonment constituted a manifest injustice which precluded the application of collateral estoppel to bar Mr. Plasencia’s claim); Bronk v. State, 25 So.3d 701, 703 (Fla. 2d DCA 2010) (“The fact that this court affirmed a denial of [Mr. Bronk’s] claim in a previous postconviction motion does not preclude relief when the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest inj

11
Brinson v. Stategreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See Plasencia v. State, 170 So.3d 865, 872 (Fla. 2d DCA 2015) (holding that an improper upward departure sentence resulting in nine additional years of imprisonment constituted a manifest injustice which precluded the application of collateral estoppel to bar Mr. Plasencia’s claim); Bronk v. State, 25 So.3d 701, 703 (Fla. 2d DCA 2010) (“The fact that this court affirmed a denial of [Mr. Bronk’s] claim in a previous postconviction motion does not preclude relief when the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest inj

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 (4)

CaseCitedYears
Zamora v. State neutral
fladistctapp · 2012
1 sentence

2013And, as the State concedes, the postconviction court’s previous order denying this claim should not bar relief “because ‘the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest injustice.’ ” Zamora v.State, 96 So.3d 1116 , 1116 (Fla. 2d DCA 2012) (quoting Bronk v. State, 25 So.3d 701, 703 (Fla. 2d DCA 2010)).

12013–2013
Doctor v. State neutral
fladistctapp · 2010
1 sentence

2012The postconviction court denied the instant motion as successive to an earlier motion for jail credit, which was denied, but the instant motion is not barred as successive because “the award of jail credit is clearly incorrect as a matter of law and a failure to correct that error would result in manifest injustice.” Bronk, 25 So.3d at 703 (citing State v. McBride, 848 So.2d 287 (Fla.2003)).

12012–2012
Lawton v. State green
fladistctapp · 1999
1 sentence

2010See State v. McBride, 848 So.2d 287 (Fla.2003); Cillo v. State, 913 So.2d 1233 (Fla. 2d DCA 2005); Lawton v. State, 731 So.2d 60 (Fla. 2d DCA 1999); Allen v. State, 989 So.2d 731 (Fla. 4th DCA 2008).

12010–2010
Allen v. State green
fladistctapp · 2008
1 sentence

2010See State v. McBride, 848 So.2d 287 (Fla.2003); Cillo v. State, 913 So.2d 1233 (Fla. 2d DCA 2005); Lawton v. State, 731 So.2d 60 (Fla. 2d DCA 1999); Allen v. State, 989 So.2d 731 (Fla. 4th DCA 2008).

12010–2010

Where else courts name it

DC 7 (2011–2020) FL 5 (2010–2016) MO 4 (2008–2015) GA 4 (2015–2024) OH 3 (2004–2011) IL 2 (2010–2010) ND 2 (2023–2023)

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.

← Caselaw search · G Cite Topics · Brief Check