Sullivan exception (Florida) · Go Syfert
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Sullivan exception in Florida

5 Florida opinions name it 3 courts 1968–2007 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 (14)

CaseFollowedCited
Richard Winkler v. John Keane, Superintendent, Sing Sing Correctional Facilitygreen
ca2 · 1993 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

11
United States v. Angel A. Soldevila-Lopez, A/K/A \Angelogreen
· 1994 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

11
Mark Dean Schwab v. James v. Crosby, Jr.green
ca11 · 2006 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007See, e.g., Schwab v. Crosby, 451 F.3d 1308, 1324-28 (11th Cir. 2006).

2007See, e.g., Schwab v. Crosby, 451 F.3d 1308, 1324-28 (11th Cir. 2006).

11
Betty Lou Beets v. Wayne Scott, Director Texas Department of Criminal Justice, Institutional Divisiongreen
ca5 · 1995 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007Id. (quoting Beets v. Scott, 65 F.3d 1258, 1266 (5th Cir.1995) (en banc)).

2007Id. (quoting Beets v. Scott, 65 F.3d 1258, 1266 (5th Cir.1995) (en banc)).

11
Sliney v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007See Sliney v. State, 944 So.2d 270, 279 (Fla.2006) (successive representation); Mungin v. State, 932 So.2d 986, 1001 (Fla.2006) (successive representation); Brown v. State, 894 So.2d 137, 157 (Fla.2004) (financial conflict).

2007See Sliney v. State, 944 So.2d 270, 279 (Fla.2006) (successive representation); Mungin v. State, 932 So.2d 986, 1001 (Fla.2006) (successive representation); Brown v. State, 894 So.2d 137, 157 (Fla.2004) (financial conflict).

11
United States v. Gambino, Rosariogreen
ca3 · 1989 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

11
Richard Adams Hovey v. Robert L. Ayers, Jr., Acting Warden, California State Prison at San Quentingreen
ca9 · 2006 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

11
Brown v. Stategreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007See Sliney v. State, 944 So.2d 270, 279 (Fla.2006) (successive representation); Mungin v. State, 932 So.2d 986, 1001 (Fla.2006) (successive representation); Brown v. State, 894 So.2d 137, 157 (Fla.2004) (financial conflict).

2007See Sliney v. State, 944 So.2d 270, 279 (Fla.2006) (successive representation); Mungin v. State, 932 So.2d 986, 1001 (Fla.2006) (successive representation); Brown v. State, 894 So.2d 137, 157 (Fla.2004) (financial conflict).

11
Mungin v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2007–2007
2 sentences

2007See Sliney v. State, 944 So.2d 270, 279 (Fla.2006) (successive representation); Mungin v. State, 932 So.2d 986, 1001 (Fla.2006) (successive representation); Brown v. State, 894 So.2d 137, 157 (Fla.2004) (financial conflict).

2007See Sliney v. State, 944 So.2d 270, 279 (Fla.2006) (successive representation); Mungin v. State, 932 So.2d 986, 1001 (Fla.2006) (successive representation); Brown v. State, 894 So.2d 137, 157 (Fla.2004) (financial conflict).

11
Sheley v. Florida Parole Com'ngreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See Sheley v. Fla. Parole Comm'n, 720 So.2d 216, 217 (Fla.1998).

11
Sullivan v. SEARS AUTH. TERMITE AND PEST CONTROL, INC.green
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Sullivan, 780 So.2d at 997 .

11
Sullivan v. Stategreen
fla · 1979 · cited in 1 Florida opinions naming this issue, 1983–1983
1 sentence

1983Sullivan v. State, 372 So.2d 938, 939 (Fla. 1979).

11
Abram v. Odhamgreen
flacirct4duv · 1954 · cited in 1 Florida opinions naming this issue, 1968–1968
2 sentences

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

11
Abram v. Odhamgreen
fla · 1956 · cited in 1 Florida opinions naming this issue, 1968–1968
2 sentences

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

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 (8)

CaseCitedYears
Joe Harry Pegg v. United States green
ca11 · 2001
2 sentences

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

2007Additionally, our research has revealed that although the two-part viable alternative test appears to be used in the federal First, Second, Third and Ninth Circuits, See, e.g., Hovey v. Ayers, 458 F.3d 892, 908 (9th Cir.2006); United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir.1994); Winkler v. Keane, 7 F.3d 304, 309 (2d Cir.1993); United States v. Gambino, 864 F.2d 1064, 1070 (3d Cir.1988), it has been rejected by the Fourth, Eighth and Eleventh circuits courts in favor of a three-part test that expressly requires a defendant to demonstrate "a link between the actual conflict and the

12007–2007
Mickens v. Taylor green
scotus · 2002
2 sentences

2007In Mickens v. Taylor, 535 U.S. 162, 174 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002), the Supreme Court stated in dictum that since Sullivan , the federal circuit courts had "unblinkingly" applied the Sullivan exception to "all kinds of alleged attorney ethical conflicts" beyond the multiple representation scenario in Sullivan.

2007In Mickens v. Taylor, 535 U.S. 162, 174 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002), the Supreme Court stated in dictum that since Sullivan , the federal circuit courts had "unblinkingly" applied the Sullivan exception to "all kinds of alleged attorney ethical conflicts" beyond the multiple representation scenario in Sullivan.

12007–2007
McCrae v. State green
fla · 1983
1 sentence

1983Most recently in McCrae v. State, 437 So.2d 1388 (Fla. 1983), we reiterated that matters that were raised on appeal of a conviction and sentence and decided adversely to the movant and matters which could have been presented on that appeal are not cognizable under a Rule 3.850 motion.

11983–1983
Murray v. Holiday On Ice Shows, Inc. green
fla · 1965
2 sentences

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

11968–1968
Matte ex rel. Matte v. Griffis neutral
fladistctapp · 1965
2 sentences

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

11968–1968
Amos v. Florida Publishing Co. neutral
flacirct4duv · 1964
2 sentences

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

11968–1968
Sullivan v. Florida Publishing Co. neutral
flacirct4duv · 1966
2 sentences

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

1968See Abram v. Odham and Florida Publishing Company, 6 Fla. Supp. 102 , affirmed by the Florida Supreme Court (1956) at 89 So.2d 334 ; Amos v. Florida Publishing Company (1964) 23 Fla. Supp. 169 ; Barrow v. Florida Publishing Company (1965), affirmed per curiam by Florida District Court of Appeal, First District, at 178 So.2d 628 , certiorari dismissed by the Florida Supreme Court at 183 So. 2d 215 ; Carroll v. Florida Publishing Company (1965) 25 Fla. Supp. 5 ; and Sullivan v. Florida Publishing Company (1966) 26 Fla. Supp. 51 .

11968–1968
West v. Florida Publishing Co. neutral
flacirct4duv · 1967
2 sentences

1968When plaintiff’s original complaint was before the court, the court in its order of December 20, 1967, reported at 29 Fla. Supp. 192 , followed the above authorities and held — “These authorities, together with the others which have been considered seem to say that where it is apparent from the papers filed with the complaint or from the language of the complaint itself that the plaintiff is a public official or a public figure, it then becomes his duty to allege facts sufficient to comply with the language quoted from the Associated Press case.

1968When plaintiff’s original complaint was before the court, the court in its order of December 20, 1967, reported at 29 Fla. Supp. 192 , followed the above authorities and held — “These authorities, together with the others which have been considered seem to say that where it is apparent from the papers filed with the complaint or from the language of the complaint itself that the plaintiff is a public official or a public figure, it then becomes his duty to allege facts sufficient to comply with the language quoted from the Associated Press case.

11968–1968

Where else courts name it

WI 87 (1998–2026) CA 25 (1971–2025) LA 23 (1984–2019) TX 19 (1982–2026) IN 15 (1981–2020) WA 11 (1988–2021) NY 10 (1966–2026) PA 9 (1984–2020) NC 8 (1983–2025) MS 7 (1984–2026) GA 7 (1991–2026) MA 7 (1971–2008) MI 6 (1985–2020) AL 6 (1979–2006) ME 6 (1993–2019) CT 6 (1994–2022) OH 5 (1984–2017) MD 5 (1987–2020) IL 5 (1981–2025) FL 5 (1968–2007) SC 5 (1967–2018) DC 5 (1994–2019) CO 5 (2015–2019) TN 4 (2007–2024) UT 4 (1987–2022) KS 4 (2004–2013) IA 3 (2002–2022) ID 3 (1995–2014) DE 3 (1968–2021) VA 3 (2012–2025) KY 2 (1981–2017) SD 2 (1985–2003) WV 2 (1986–2022) AR 2 (2004–2026) MO 2 (1972–1980) AK 2 (1966–1985) NV 2 (1975–2013)

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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