Jose Diaz-Flores v. Merrick Garland

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “[p]rior to the enactment of the Florida Evidence Code, the procedural effect given to presumptions in Florida was defined in a common law approach,” and elaborating on the forms of rebuttable presumption as they existed at common law (alteration added)
• noting that fundamental error may be used to correct errors that “reach down into the validity of the trial” and which were raised on appeal but not preserved with a contemporaneous objection in the trial court (quoting Jaimes v. State, 51 So.3d 445, 448 (Fla. 2010))
• noting that fundamental error may be used to correct errors that \reach down into the validity of the trial\ and which were raised on appeal but not preserved with a contemporaneous objection in the trial court (quoting Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010))
• “Fundamental error is waived where defense counsel requests an erroneous instruction . . . [or] where defense counsel affirmatively agrees to an improper instruction.”
• “Fundamental error is waived under the invited error doctrine because ‘a party may not make or invite error at trial and then take advantage of the error on appeal.’”
• “[B]ecause the sinkhole statutes do not apply to the litigation context, the trial court’s .■.. treatment of this statute as evidentiary in nature in this case was incorrect”

Source: CourtListener parenthetical corpus (CC0).