Brown v. State, 211 So. 3d 48 (Fla. 4th DCA 2017). · Go Syfert
Search
Brown v. State, 211 So. 3d 48 (Fla. 4th DCA 2017). Cases Citing This Book View Copy Cite
“allowing a sentencing court to penalize a defendant for not admitting guilt after a conviction or adjudication would jeopardize various rights attached to these post-trial processes and chill a defendant's right to remain silent.”
7 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: Alvin Davis v. State of Florida (fla, 2021-12-02)
Top citers, strongest first. 4 distinct citers.
examined Cited as authority (verbatim quote) Alvin Davis v. State of Florida
Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
allowing a sentencing court to penalize a defendant for not admitting guilt after a conviction or adjudication would jeopardize various rights attached to these post-trial processes and chill a defendant's right to remain silent.
discussed Cited as authority (rule) Alvin Davis v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
E.g., Oliver v. State, 214 So. 3d 606, 615-16 (Fla. 2017) (considering context of prosecutor’s comments on lack of remorse, the brevity of the reference, and the unlikelihood that the single comment affected the outcome); Catledge v. State, 255 So. 3d 937, 940-41 (Fla. 1st DCA 2018) (considering context to determine that comments related to mitigation); Burns, 2018 WL 3371723 at *2 (noting necessity of reviewing sentencing comments in context); Allen v. State, 211 So. 3d 48, 52 (Fla. 4th DCA 2017) (setting forth several contextual considerations guiding the court’s analysis of “whether a…
discussed Cited as authority (rule) JOVANY LUIS ORTIZ v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
Where a “sentencing judge’s comments suggest that the sentence imposed was based on improper considerations, that sentence must be reversed . . . .” Parague v. State, 222 So. 3d 567, 572 (Fla. 4th DCA 2017) (quoting Allen v. State, 211 So. 3d 48, 50 (Fla. 4th DCA 2017)).
cited Cited as authority (rule) Parague v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
Recently in Allen v. State, 211 So.3d 48, 50 (Fla. 4th DCA 2017), this court reversed a sentence that was imposed based on improper consideration of a defendant’s willingness to admit guilt.
Alexander Leo BROWN
v.
STATE of Florida
No. 4D16-2844.
District Court of Appeal of Florida, Fourth District.
Jan 4, 2017.
211 So. 3d 48
Alexander Leo Brown, Live Oak, pro se., No appearance required for appellee.
Ciklin, Conner, Gerber.
Published
Per Curiam.

Alexánder Brown appeals the summary denial of his rule 3.850 motion for post-conviction relief. Without reaching the merits of Brown’s claim, we find that the motion was impermissibly successive because Brown has filed several prior rule 3.850 motions and he failed to allege good cause for his failure to assert the instant claim in his previous motions. See Fla. R. Crim. P. 3.850(h)(2). We therefore affirm the trial court’s summary denial of the motion.

Affirmed.

Ciklin, C.J., Gerber and Conner, JJ., concur.