remarks constitute fundamental error (Florida) · Go Syfert
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remarks constitute fundamental error in Florida

5 Florida opinions name it 2 courts 1986–2012 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
Rogers v. Stategreen
fla · 2007 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Rogers v. State, 957 So.2d 538, 547 (Fla.2007) (“We have consistently held that substantive claims of prosecutorial misconduct could and should be raised on direct appeal and are thus procedurally barred from consideration in a postconviction motion.”) (citations and internal quotations omitted); Lamarca v. State, 931 So.2d 838 , 851 n. 8 (Fla.2006).

11
Chandler v. Stategreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See McDonald v. State, 743 So.2d 501, 505 (Fla.1999) (holding the law is clear that a party’s failure to object to improper prose- cutorial comments will preclude appellate review, unless the comments are so prejudicial as to constitute fundamental error); Chandler v. State, 702 So.2d 186, 191 (Fla.1997) (same).

11
McDonald v. Stategreen
fla · 1999 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See McDonald v. State, 743 So.2d 501, 505 (Fla.1999) (holding the law is clear that a party’s failure to object to improper prose- cutorial comments will preclude appellate review, unless the comments are so prejudicial as to constitute fundamental error); Chandler v. State, 702 So.2d 186, 191 (Fla.1997) (same).

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 (6)

CaseCitedYears
Lamarca v. State green
fla · 2006
1 sentence

2012See Rogers v. State, 957 So.2d 538, 547 (Fla.2007) (“We have consistently held that substantive claims of prosecutorial misconduct could and should be raised on direct appeal and are thus procedurally barred from consideration in a postconviction motion.”) (citations and internal quotations omitted); Lamarca v. State, 931 So.2d 838 , 851 n. 8 (Fla.2006).

12012–2012
Hodges v. State green
fla · 1992
1 sentence

2003Lugo primarily relies on Hodges v. State, 595 So.2d 929 (Fla.1992), vacated on other grounds, 506 U.S. 803 , 113 S.Ct. 33 , 121 L.Ed.2d 6 (1992), for his contention that the above remarks constitute fundamental error.

12003–2003
American Airlines, Inc. v. Wolens green
scotus · 1992
1 sentence

2003Lugo primarily relies on Hodges v. State, 595 So.2d 929 (Fla.1992), vacated on other grounds, 506 U.S. 803 , 113 S.Ct. 33 , 121 L.Ed.2d 6 (1992), for his contention that the above remarks constitute fundamental error.

12003–2003
Hodges v. Florida green
scotus · 1992
1 sentence

2003Lugo primarily relies on Hodges v. State, 595 So.2d 929 (Fla.1992), vacated on other grounds, 506 U.S. 803 , 113 S.Ct. 33 , 121 L.Ed.2d 6 (1992), for his contention that the above remarks constitute fundamental error.

12003–2003
Palmer v. State green
fladistctapp · 1986
1 sentence

1992Id.

11992–1992
Feldman v. State green
fladistctapp · 1967
1 sentence

1986Feldman, supra, at 49 .

11986–1986

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