District Court of Appeal of Florida· 5/18/2004
Garrett v. State
Citations
- 876 So. 2d 24
- 2004 WL 1091312
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that failure to comply with procedural requirements of rule 3.830 constituted fundamental error
- confirming that \preservation of error is not required because any defect in [a Rule 3.830] contempt proceeding is fundamental error\
- reversing contempt order because “appellant was neither informed that under the rule he could present mitigating circumstances, nor given a separate and distinct opportunity to present mitigating circumstances.”
- merely asking defendant if he wished to explain behavior was insufficient; rather, court must inform defendant that he can present mitigating circumstances and give “a separate and distinct opportunity” for him to do so
Source: CourtListener parenthetical corpus (CC0).
Judges: Wolf
Read full opinion on CourtListenerCited by
17 cases in this archive cite this case.
- Searcy v. StateDistrict Court of Appeal of Florida· 2008-01-09· cited 24×
- Hutcheson v. StateDistrict Court of Appeal of Florida· 2005-06-24· cited 16×
- Hibbert v. StateDistrict Court of Appeal of Florida· 2006-05-10· cited 6×
- Bonet v. StateDistrict Court of Appeal of Florida· 2006-09-01· cited 4×
- Telfair v. StateDistrict Court of Appeal of Florida· 2005-05-23· cited 3×
- T.J.L. v. StateDistrict Court of Appeal of Florida· 2014-06-09· cited 3×
- Phelps v. StateDistrict Court of Appeal of Florida· 2018-01-31· cited 3×
- Alex Diaz De La Portilla v. State of FloridaDistrict Court of Appeal of Florida· 2014-07-30· cited 2×
- Castaneda v. StateDistrict Court of Appeal of Florida· 2012-01-18· cited 2×
- Gooden v. StateDistrict Court of Appeal of Florida· 2006-05-04· cited 2×
- Wiggs v. StateDistrict Court of Appeal of Florida· 2008-05-09· cited 1×
- Michael Spear v. StateDistrict Court of Appeal of Florida· 2018-05-28· cited 1×
- Woodson v. StateDistrict Court of Appeal of Florida· 2013-03-13· cited 1×
- Kendrick v. KendrickDistrict Court of Appeal of Florida· 2004-07-09· cited 1×
- Toby v. StateDistrict Court of Appeal of Florida· 2005-12-22· cited 1×
- Johnson v. StateDistrict Court of Appeal of Florida· 2005-07-15
- Neil Joseph Gillespie v. State of FloridaDistrict Court of Appeal of Florida· 2024-08-02
Cites
6 cases in this archive are cited by this case.
- O'NEAL v. StateDistrict Court of Appeal of Florida· 1987-01-20· cited 17×
- Hunt v. StateDistrict Court of Appeal of Florida· 1995-06-20· cited 16×
- Berman v. StateDistrict Court of Appeal of Florida· 1999-12-01· cited 13×
- Cook v. StateDistrict Court of Appeal of Florida· 1994-05-24· cited 13×
- Hagerman v. HagermanDistrict Court of Appeal of Florida· 2000-01-28· cited 11×
- Marshall v. StateDistrict Court of Appeal of Florida· 2000-08-14· cited 3×
Sourced from CourtListener / Free Law Project (CC0).
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