green
Positive treatment
Quoted verbatim 5×
51.4 score
G Cite
cited 5× by 5 distinct cases ·
…if the parties agree, the trial court can make its competency determination based solely on experts' reports.
Top citers, strongest first. 12 distinct citers.
discussed
Cited as authority (verbatim quote)
Henry v. Secretary, Florida Department of Corrections (Duval County)
if the parties agree, the trial court can make its competency determination based solely on experts' reports.
discussed
Cited as authority (verbatim quote)
WILLIAM SALLEE v. STATE OF FLORIDA
if the parties agree, the trial court can make its competency determination based solely on experts' reports.
examined
Cited as authority (verbatim quote)
Moulton v. State
(3×)
also: Cited as authority (rule), Cited "see"
if the parties agree, the trial court can make its competency determination based solely on experts' reports.
discussed
Cited as authority (verbatim quote)
Cramer v. State
if the parties agree, the trial court can make its competency determination based solely on experts' reports.
examined
Cited as authority (verbatim quote)
Shakes v. State
(3×)
also: Cited as authority (rule), Cited "see"
if the parties agree, the trial court can make its competency determination based solely on experts' reports.
cited
Cited as authority (rule)
Antoine L. Bynum v. State
Thus, on remand, if the court determines that Appellant was competent to proceed to trial, it shall enter a written order with findings.3 See Roman v. State, 163 So. 3d 749, 751 (Fla. 2d DCA 2015).
discussed
Cited as authority (rule)
Golloman v. State
(2×)
also: Cited "see"
Bylock v. State, 196 So.3d 513, 515 (Fla. 2d DCA 2016); Shakes, 185 So.3d at 681 (citing Roman v. State, 163 So.3d 749, 751 (Fla. 2d DCA 2015)).
discussed
Cited as authority (rule)
Frye v. State
“Once found incompetent, a presumption clings to the criminal defendant that the state of incompetence persists until a court, after proper notice and a hearing, finds otherwise.” Roman v. State, 163 So.3d 749, 750-51 (Fla. 2d DCA 2015) (quoting Molina v. State, 946 So.2d 1103, 1105 (Fla. 5th DCA 2006)).
discussed
Cited as authority (rule)
Frye v. State
"Once found incompetent, a presumption clings to the criminal defendant that the state of incompetence persists until a court, after proper notice and a hearing, finds otherwise." Roman v. State, 163 So. 3d 749, 750-51 (Fla. 2d DCA 2015) (quoting Molina v. State, 946 So. 2d 1103, 1105 (Fla. 5th DCA 2006)).
discussed
Cited as authority (rule)
Bylock v. State
“Once found incompetent, a presumption clings to the criminal defendant that the state of incompetence persists until a court, after proper notice and hearing, finds otherwise.” Roman v. State, 163 So.3d 749, 750-51 (Fla. 2d DCA 2015) (quoting Molina v. State, 946 So.2d 1103, 1105 (Fla. 5th DCA 2006)).
discussed
Cited as authority (rule)
Antonio Jermaine Presley v. State of Florida
Accordingly, “when the court receives notice that a defendant has regained competence, the court shall hold a hearing to determine if a defendant is competent to proceed.” Roman v. State, 163 So.3d 749, 751 (Fla. 2d DCA 2015).
discussed
Cited "see"
Robert L. Rumph v. State
See Presley v. State, 199 So.3d 1014 (Fla. 4th DCA 2016) (quoting Roman v. State, 163 So.3d 749, 751 (Fla. 2d DCA 2015)); Macaluso v. State, 12 So.3d 914, 915 (Fla. 4th DCA 2009) (citing Abreu-Gutierrez v. James, 1 So.3d 262 (Fla. 4th DCA 2009)).
Robert Leroy SMITH
v.
STATE of Florida
v.
STATE of Florida
No. 1D15-1746.
District Court of Appeal of Florida, First District.
May 5, 2015.
Robert Leroy Smith, pro se, Petitioner., Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.
Rowe, Swanson, Wolf.
Published
DISMISSED. See Fla. R. App. P. 9.141(d)(5).