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5 Florida opinions name it 2 courts 1992–2016 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.
| Case | Followed | Cited |
|---|---|---|
Ferguson v. Stategreen1 sentence2016Nevertheless, the possibility of a departure cannot render an illegal sentence harmless because this court cannot “speculate on the trial judge’s action on remand and, in any event, [a defendant] is entitled to appellate review of the mandatory findings written in support of any departure.” Whitfield, 487 So.2d at 1047 ; see also Ferguson v. State, 554 So.2d 1214, 1215 (Fla. 2d DCA 1990) (“Although the unscored capital conviction would be a valid reason for an upward departure, we cannot affirm the sentence when'that reason has not been reduced to writing.”). 6 IV( CONCLUSION Based on the fore | 1 | 1 |
Huffman v. Singletarygreen1 sentence2005Although we affirm the denial of Huffman's motion, we write to explain why the appeal was entertained notwithstanding the holding in Huffman v. Singletary, 696 So.2d 788, 789 (Fla. 2d DCA 1997) ("[W]e direct the clerk of this court to reject for filing all notices of appeal and petitions for extraordinary relief arising out of Huffman's 1986 convictions."). | 1 | 1 |
Huffman v. Stategreen1 sentence2000See Huffman v. State, 741 So.2d 532 (Fla. 2d DCA 1999). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Whitfield
green
1 sentence2016Nevertheless, the possibility of a departure cannot render an illegal sentence harmless because this court cannot “speculate on the trial judge’s action on remand and, in any event, [a defendant] is entitled to appellate review of the mandatory findings written in support of any departure.” Whitfield, 487 So.2d at 1047 ; see also Ferguson v. State, 554 So.2d 1214, 1215 (Fla. 2d DCA 1990) (“Although the unscored capital conviction would be a valid reason for an upward departure, we cannot affirm the sentence when'that reason has not been reduced to writing.”). 6 IV( CONCLUSION Based on the fore | 1 | 2016–2016 |
Jones v. Kirkland
green
1 sentence1999We note this court’s opinion in Jones v. Kirkland, 696 So.2d 1249 (Fla. 4th DCA 1997), which would appear to provide some support for the section 1983 and negligence claims Huffman filed against prison officials based on alleged procedural errors in the conduct of his disciplinary hearing, is no longer good law in light of the Supreme Court’s opinion in Edivards. 1 STONE and STEVENSON, JJ., concur. . | 1 | 1999–1999 |
Bunney v. State
green
1 sentence1992Bunney v. State, 603 So.2d 1270 (Fla. 1992). [4] The final error alleged in Huffman's motion similarly concerns the correct computation of his prior record. | 1 | 1992–1992 |
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.