Swain v. State

How courts have described this case

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

• a trial court’s failure to strictly follow the procedures of Florida Rule of Criminal Procedure 3.830 constitutes fundamental error
• “The proper remedy for a trial court’s failure to strictly adhere to the requirements of Rule 3.830 is a new hearing at which the rule will be followed.”
• “The proper remedy for a trial court’s failure to strictly adhere to the requirements of rule 3.830 is a new hearing at which the rule will be followed.” (citing Golant v. State, 202 So. 3d 946, 949 (Fla. 4th DCA 2016))

Source: CourtListener parenthetical corpus (CC0).

Cited by

3 cases in this archive cite this case.

• E.M., A CHILD v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-03-27
• JOSEPH MANZARO v. LINDA D'ALESSANDRO
  District Court of Appeal of Florida· 2019-10-23
• Neil Joseph Gillespie v. State of Florida
  District Court of Appeal of Florida· 2024-08-02

Cites

10 cases in this archive are cited by this case.

• Peters v. State
  District Court of Appeal of Florida· 1993-11-10· cited 29×
• Lundy v. State
  District Court of Appeal of Florida· 1992-04-01· cited 17×
• Schenck v. State
  District Court of Appeal of Florida· 1994-11-09· cited 16×
• B.M. v. State
  District Court of Appeal of Florida· 1988-03-23· cited 14×
• Gibbs v. State
  District Court of Appeal of Florida· 1996-06-19· cited 13×
• Berman v. State
  District Court of Appeal of Florida· 1999-12-01· cited 13×
• Johnson v. State
  District Court of Appeal of Florida· 1991-07-29· cited 11×
• A.W. v. State
  District Court of Appeal of Florida· 2014-04-02· cited 5×
• Tenorio v. State
  District Court of Appeal of Florida· 1985-02-01· cited 5×
• Golant v. State
  District Court of Appeal of Florida· 2016-11-02· cited 2×