incompetency claim (Florida) · Go Syfert
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incompetency claim in Florida

5 Florida opinions name it 2 courts 1970–1999 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Florida.

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 (9)

CaseCitedYears
Provenzano v. State green
fla · 1999
1 sentence

1999The opinion recognized that the evidence, which included expert reports from both parties, "created questions of fact on this issue." Provenzano, 751 So.2d at 40 .

11999–1999
Ake v. Oklahoma green
scotus · 1985
2 sentences

1987Since defense counsel was bound to seek out such expert testimony only if evidence existed calling into question Bush's sanity, Ake v. Oklahoma, 470 U.S. 68 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985); Christopher v. State, 416 So.2d 450 (Fla. 1982), we cannot now find fault in counsel's decision as to the futility of pursuing the incompetency claim.

1987Since defense counsel was bound to seek out such expert testimony only if evidence existed calling into question Bush's sanity, Ake v. Oklahoma, 470 U.S. 68 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985); Christopher v. State, 416 So.2d 450 (Fla. 1982), we cannot now find fault in counsel's decision as to the futility of pursuing the incompetency claim.

11987–1987
Christopher v. State green
fla · 1982
1 sentence

1987Since defense counsel was bound to seek out such expert testimony only if evidence existed calling into question Bush's sanity, Ake v. Oklahoma, 470 U.S. 68 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985); Christopher v. State, 416 So.2d 450 (Fla. 1982), we cannot now find fault in counsel's decision as to the futility of pursuing the incompetency claim.

11987–1987
Flesche v. Interstate Warehouse green
fladistctapp · 1982
1 sentence

1986Company, 411 So.2d 919 (Fla. 1st DCA 1982), and held: Here the incompetency defense to limitations application was adequately raised, the supporting defense evidence was presented, but this particular limitations defense was not directly ruled upon by the Deputy Commissioner.

11986–1986
Fowler v. State green
fla · 1971
1 sentence

1983Although earlier Florida Supreme Court decisions have temporarily remanded the case to the trial court for a hearing on the incompetency claim, e.g., Fowler v. State, 255 So.2d at 515 , the United States Supreme Court has consistently held the procedure inadequate.

11983–1983
Dusky v. United States green
scotus · 1960
2 sentences

1983Drope v. Missouri, 420 U.S. 162 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966); Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

1983Drope v. Missouri, 420 U.S. 162 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966); Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

11983–1983
Pate v. Robinson green
scotus · 1966
2 sentences

1983Drope v. Missouri, 420 U.S. 162 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966); Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

1983Drope v. Missouri, 420 U.S. 162 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966); Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

11983–1983
Drope v. Missouri green
scotus · 1975
2 sentences

1983Drope v. Missouri, 420 U.S. 162 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966); Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

1983Drope v. Missouri, 420 U.S. 162 , 95 S.Ct. 896 , 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375 , 86 S.Ct. 836 , 15 L.Ed.2d 815 (1966); Dusky v. United States, 362 U.S. 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960).

11983–1983
State Ex Rel. Everette v. Petteway green
fla · 1938
2 sentences

1970Everette v. Petteway, 131 Fla. 516 , 179 So. 666 .” It has been held that reasonable notice of the incompetency hearing must be given to the alleged incompetent in order for the court to acquire jurisdiction over his person to an extent sufficient to render valid a judgment of incompetency rendered in the proceeding.

1970Everette v. Petteway, 131 Fla. 516 , 179 So. 666 .” It has been held that reasonable notice of the incompetency hearing must be given to the alleged incompetent in order for the court to acquire jurisdiction over his person to an extent sufficient to render valid a judgment of incompetency rendered in the proceeding.

11970–1970

Where else courts name it

TX 9 (1999–2009) IL 5 (1965–1995) PA 5 (1983–2024) FL 5 (1970–1999) CA 5 (1950–2022) MO 4 (1973–2020) WA 4 (2010–2020) NM 4 (1988–2015) WI 3 (1981–2018) TN 3 (1976–2019) NJ 2 (2005–2005) IA 2 (1995–1995) CO 2 (2024–2024) AR 2 (1968–1992) DC 2 (1990–1990)

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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