necessity for an evidentiary hearing (Florida) · Go Syfert
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necessity for an evidentiary hearing in Florida

5 Florida opinions name it 2 courts 1986–2014 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 (2)

CaseFollowedCited
Powell v. Barnesgreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014See id. at 186 (“Given the necessity for an evidentiary hearing in regard to the contested costs of $114,026.85, the plaintiffs were obligated to support their motion for the taxation of those costs by substantial, competent evidence of the services performed and the reasonable value of those services.”).

11
Jones v. Stategreen
fla · 1999 · cited in 1 Florida opinions naming this issue, 1999–1999
1 sentence

1999I adopt my concurring opinion in Jones v. State, 740 So.2d 520, 524 (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 (4)

CaseCitedYears
Peede v. State green
fla · 1999
1 sentence

2006Id. at 259 .

12006–2006
In Re Estate of Lopez neutral
fladistctapp · 1982
1 sentence

1993In re Lopez' Estate, 410 So.2d 618 (Fla. 4th DCA 1982).

11993–1993
Strickland v. Washington green
scotus · 1984
2 sentences

1986The claim therefore fails even the first prong of the test for ineffective assistance set out in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

1986The claim therefore fails even the first prong of the test for ineffective assistance set out in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

11986–1986
Faretta v. California green
scotus · 1975
2 sentences

1986As noted by the United States Supreme Court in Faretta v. California, 422 U.S. 806 , 834 n. 46, 95 S.Ct. 2525 , 2541 n. 46, 45 L.Ed.2d 562 (1975), "whatever else may or may not be open to him on appeal, a defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of `effective assistance of counsel.'" Further, we have carefully examined the allegations charging inadequacies in the performance of associate counsel, and find that such allegations fail to show the necessity for an evidentiary hearing.

1986As noted by the United States Supreme Court in Faretta v. California, 422 U.S. 806 , 834 n. 46, 95 S.Ct. 2525 , 2541 n. 46, 45 L.Ed.2d 562 (1975), "whatever else may or may not be open to him on appeal, a defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of `effective assistance of counsel.'" Further, we have carefully examined the allegations charging inadequacies in the performance of associate counsel, and find that such allegations fail to show the necessity for an evidentiary hearing.

11986–1986

Where else courts name it

FL 5 (1986–2014) PA 3 (1977–2025) AK 3 (1995–1996) IN 3 (2000–2020) IL 2 (2014–2014)

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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