has defined fundamental error (Florida) · Go Syfert
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has defined fundamental error in Florida

5 Florida opinions name it 1 courts 1999–2008 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
Kilgore v. Stategreen
fla · 1996 · cited in 2 Florida opinions naming this issue, 1999–2008
2 sentences

2008This Court has defined fundamental error as follows: Fundamental error is 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." Kilgore v. State, 688 So.2d 895, 898 (Fla. 1996) (quoting State v. Delva, 575 So.2d 643 , 644-45 (Fla.1991)).

1999This Court has defined fundamental error as "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.'" Urbin v. State, 714 So.2d 411 , 418 n. 8 (Fla. 1998) (quoting Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)).

22
Maddox v. Stategreen
fla · 2000 · cited in 2 Florida opinions naming this issue, 2001–2001
2 sentences

2001This Court has defined fundamental error in the trial context as error that "goes to the foundation of the case or the merits of the cause of action and is equivalent to a denial of due process." Id., cited in Maddox v. State, 760 So.2d 89, 95-96 (Fla.2000).

2001This Court has defined fundamental error in the trial context as error that “goes to the foundation of the case or the merits of the cause of action and is equivalent to a denial of due process.” Id., cited in Maddox v. State, 760 So.2d 89, 95-96 (Fla.2000).

22
Fennie v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008Error during the penalty phase is fundamental if it is "so prejudicial as to taint the jury's recommended sentence." Fennie v. State, 855 So.2d 597, 609 (Fla.2003) (quoting Thomas v. State, 748 So.2d 970 , 985 n. 10 (Fla.1999)).

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 (5)

CaseCitedYears
Urbin v. State green
fla · 1998
2 sentences

2001This Court has defined fundamental error as "an 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.'" Rutherford, 774 So.2d at 648 (quoting Urbin v. State, 714 So.2d 411 , 418 n. 8 (1998)) (emphasis added).

1999This Court has defined fundamental error as "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.'" Urbin v. State, 714 So.2d 411 , 418 n. 8 (Fla. 1998) (quoting Kilgore v. State, 688 So.2d 895, 898 (Fla.1996)).

21999–2001
JB v. State green
fla · 1998
2 sentences

2001This Court has defined fundamental error in the trial context as error that "goes to the foundation of the case or the merits of the cause of action and is equivalent to a denial of due process." Id., cited in Maddox v. State, 760 So.2d 89, 95-96 (Fla.2000).

2001This Court has defined fundamental error in the trial context as error that “goes to the foundation of the case or the merits of the cause of action and is equivalent to a denial of due process.” Id., cited in Maddox v. State, 760 So.2d 89, 95-96 (Fla.2000).

22001–2001
Thomas v. State green
fla · 1999
1 sentence

2008Error during the penalty phase is fundamental if it is "so prejudicial as to taint the jury's recommended sentence." Fennie v. State, 855 So.2d 597, 609 (Fla.2003) (quoting Thomas v. State, 748 So.2d 970 , 985 n. 10 (Fla.1999)).

12008–2008
State v. Delva green
fla · 1991
1 sentence

2008This Court has defined fundamental error as follows: Fundamental error is 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." Kilgore v. State, 688 So.2d 895, 898 (Fla. 1996) (quoting State v. Delva, 575 So.2d 643 , 644-45 (Fla.1991)).

12008–2008
Rutherford v. Moore green
fla · 2000
1 sentence

2001This Court has defined fundamental error as "an 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.'" Rutherford, 774 So.2d at 648 (quoting Urbin v. State, 714 So.2d 411 , 418 n. 8 (1998)) (emphasis added).

12001–2001

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