Nunc Pro Tunc Order

729 Florida cases classified under this topic, plus 109 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• JJD Realty, LLC v. Artesa Homeowners' Ass'n, Inc.
  Fla. 4th DCA· 2020-11-12
  A nunc pro tunc order cannot be used to enter an order on a motion that was never previously ruled upon by the court.
• White v. State
  Fla. 5th DCA· 2020-10-30
  The convictions are affirmed, but the case is remanded for entry of a nunc pro tunc written order adjudicating the defendant competent to proceed based on the trial court's independent determination of competence.
• James v. Fla. Dep't of Corr.
  S.D. Fla.· 2020-10-30
  The court held that the petitioner's habeas corpus petition was time-barred because it was filed more than one year after the judgment became final, and no equitable exceptions applied.
• Aerian Calvin Roulhac-Lawrence v. State
  Fla. 1st DCA· 2020-10-13
  The appellate court reversed a judgment and sentence, finding that the trial court committed fundamental error by failing to make an individualized competency finding before accepting the defendant's nolo contendere plea. The case was remanded for a competency determination.
• Duberry v. State
  Fla. 2d DCA· 2020-09-30
  Bret Mayo appeals his indirect criminal contempt conviction for violating an injunction. The Florida District Court of Appeal reversed because the trial court failed to comply with Florida Rule of Criminal Procedure 3.840's strict procedural requirements for contempt proceedings,
• Stowell v. State
  Fla. 5th DCA· 2020-09-10
• Pittman v. State
  Fla. 4th DCA· 2020-07-29
  An order determining competency is not independently reviewable on appeal until the trial court reimposes the original conviction and sentence.
• Long v. State
  Fla. 4th DCA· 2020-07-22
  A trial court's failure to conduct a competency hearing within twenty days of ordering a competency evaluation requires remand to determine whether a nunc pro tunc competency determination is possible.
• Davis v. State
  Fla. 1st DCA· 2020-05-20
• Roshell v. State
  Fla. 1st DCA· 2020-05-20
• Artavious Cotton v. State
  Fla. 1st DCA· 2020-05-12
  A trial court's verbal grant of a motion for resentencing, if not reduced to a signed written order filed with the clerk, is not the functional equivalent of a final order and therefore does not constitute a rendered order under Florida appellate rules.
• Wilson v. State
  Fla. 3d DCA· 2020-04-22
• Williams v. State
  Fla. 4th DCA· 2020-04-22
  Herman Williams appealed his convictions for assault and attempted robbery. The court found that Williams's convictions for both assault and attempted robbery violated the double jeopardy clause because they were based on the same conduct as alleged in the charging document. The
• T. C. v. State
  Fla. 2d DCA· 2020-04-15
• Bruni v. State
  Fla. 4th DCA· 2020-04-08 ·via Nunc Pro Tunc Determination
  A trial court must make an independent determination of a defendant's competency to proceed and cannot rely solely on the parties' stipulation to an expert report; the record must affirmatively show the court read the report before accepting the stipulation.
• Kellond v. State
  Fla. 1st DCA· 2020-03-26
  The appellate court reversed a battery conviction because the trial court failed to hold a competency hearing after receiving conflicting expert reports. The court remanded the case for a retroactive competency determination.
• Darry D. Townsend v. State
  Fla. 2d DCA· 2020-03-25
  The appellate court reversed a conviction for possessing a firearm as a convicted felon, finding that the pat-down search that discovered the weapon was unconstitutional. The court also remanded for the trial court to enter a written order of competency, though it found no error
• Regulo Boscan v. State
  Fla. 4th DCA· 2020-02-28
  When a trial court appoints experts to determine competency but fails to hold a competency hearing and enter a written determination before trial, the case must be remanded for the circuit court to determine whether a nunc pro tunc competency evaluation is possible.
• Thaddeus Chaylon Martin v. Jones
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
• Nelson v. State
  Fla. 4th DCA· 2020-01-29
  Michael John Nelson appeals his conviction for battery on a senior citizen and criminal mischief, challenging whether the trial court conducted an adequate competency hearing. The appellate court affirms the conviction and sentence on the merits but accepts the State's confession
• Adams v. State
  Fla. 5th DCA· 2020-01-03
  A trial court must enter a written competency order after determining a defendant is competent to proceed, and failure to do so requires remand for entry of a nunc pro tunc order.
• Goode v. State
  Fla. 5th DCA· 2020-01-02
  Clifford Goode appealed his concurrent fifty-eight-month sentences imposed across four cases, challenging both the trial court's rejection of a downward departure sentence and its failure to enter a written competency order. The appellate court found no abuse of discretion regard
• Alexander v. State
  Fla. 3d DCA· 2019-12-26
  The appellate court reversed a conviction for strong-arm robbery because the trial court failed to make an independent determination of the defendant's competency to stand trial. The court found that the trial court's comments about the defendant appearing "lucid" were insufficie
• Alexander v. State
  Fla. 3d DCA· 2019-12-26
  The appellate court reversed a conviction for strong-arm robbery because the trial court failed to make an independent determination of the defendant's competency to stand trial. The court found that the trial court's comments about the defendant appearing "lucid" were insufficie
• Hines v. State
  Fla. 4th DCA· 2019-12-18
  When a trial court grants a defendant's motion for a competency examination but fails to hold a hearing or enter a written finding on competency prior to trial, the conviction must be reversed and the case remanded with instructions for the trial court to hold a hearing within si
• Doctor v. State
  Fla. 5th DCA· 2019-12-13
  A trial court's oral determination of a defendant's competency to proceed must be memorialized in a written nunc pro tunc order.
• Little v. State
  44 Fla. L. Weekly D1231· Fla. 4th DCA· 2019-11-27
  Once a trial court appoints an expert to evaluate a defendant's competency, it has no discretion but to conduct a competency hearing and enter a written order determining competency, and failure to do so violates due process and the Florida Rules of Criminal Procedure regardless
• Maykel Torres v. State
  Fla. 4th DCA· 2019-10-23
  A trial court must enter a written order memorializing its competency finding even when it has orally announced the finding on the record.
• MacHin v. State
  Fla. 4th DCA· 2019-10-23
  James Machin appealed his convictions arguing the trial court failed to hold a competency hearing or issue a written order finding him competent to proceed, despite appointing a competency expert. The court vacated his convictions and remanded for a nunc pro tunc competency deter
• Mattingly v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2019-10-11
  The court held that the petitioner's claims regarding speedy trial violations and state procedural errors in competency determinations are not cognizable in federal habeas corpus or fail on the merits under AEDPA deference.
• Parry v. State
  Fla. 1st DCA· 2019-10-11
  Hearsay statements from a child victim were properly admitted, but remand is required for entry of a written order memorializing the trial court's competency finding.
• Thompson v. State
  Fla. 1st DCA· 2019-10-11
  Judgment and sentence affirmed with remand for entry of a written nunc pro tunc order reflecting the trial court's competency determination.
• Peterson v. State
  Fla. 1st DCA· 2019-10-03
  A trial court commits fundamental error when it finds a defendant competent to proceed based on defense counsel's stipulation without reviewing the expert's report, making an independent determination of competency, and entering a written order to that effect.
• Dep't OF Fin. OF Sussex Cnty. v. Clarke
  Del. Super. Ct.· 2019-09-30
  The Court reversed the Commissioner's denial of the Motion to Set Aside the Sheriff's Sale, finding that the County failed to provide adequate notice to the Owner as required by Superior Court Civil Rule 69(g). Because the sale was conducted without jurisdiction due to lack of no
• Fredrick C. Torres v. State
  Fla. 5th DCA· 2019-09-12
  Once a trial court has reasonable grounds to believe a defendant may be incompetent, the defendant cannot thereafter stipulate to competency; the court must make an independent determination. The trial court's nunc pro tunc competency determination supported by competent substant
• Haley Bowden v. State
  Fla. 1st DCA· 2019-09-09
  A trial court must conduct a formal competency hearing to determine whether a previously incompetent defendant's competency has been restored before accepting a plea, and cannot rely solely on expert reports or stipulations by the parties, even if all experts opine that the defen
• Kever v. State
  Fla. 1st DCA· 2019-08-23
  Florida appellate court affirmed a violation of probation judgment, rejecting the defendant's challenge to the competency hearing while remanding for entry of a written order memorializing the oral competency determination.
• Marshall v. State
  Fla. 1st DCA· 2019-08-08
• Marshall v. State
  Fla. 1st DCA· 2019-08-08
• Marshall v. State
  Fla. 1st DCA· 2019-08-08
• Marshall v. State
  Fla. 1st DCA· 2019-08-08
• Marshall v. State
  Fla. 1st DCA· 2019-08-08
• Marshall v. State
  Fla. 1st DCA· 2019-08-08
• Marshall v. State
  Fla. 1st DCA· 2019-08-08
• Marshall v. State
  Fla. 1st DCA· 2019-08-08
  A trial court must render a written order adjudicating a defendant competent to proceed when it has found competency, even if it has already made an oral pronouncement.
• Perry v. State
  Fla. 1st DCA· 2019-07-15
  A trial court's oral competency determination must be memorialized in a written order entered nunc pro tunc when not previously reduced to writing.
• Heath v. State
  271 So. 3d 1228· Fla. 3d DCA· 2019-05-08
  George Heath appeals the trial court's summary denial of his motion seeking postconviction relief based on allegations that his guilty plea was conditioned on his state sentence running concurrently with his federal sentence, a condition allegedly not met. The appellate court rev
• Long v. State
  268 So. 3d 813· Fla. 4th DCA· 2019-05-01
  When a trial court fails to conduct a competency hearing within twenty days of ordering a competency evaluation as required by Florida Rule of Criminal Procedure 3.210, remand is required for the trial court to determine whether a nunc pro tunc competency determination is possibl
• Elder v. State
  Fla. 2d DCA· 2019-04-26
  The appellate court reversed a trial court's reinstated judgment and sentence, finding that the trial court failed to follow the appellate court's previous mandate. The prior mandate had invalidated the defendant's guilty plea due to an inability to determine her competency at th
• Bush v. State
  268 So. 3d 222· Fla. 1st DCA· 2019-04-11
  A trial court must enter a written order finding a defendant competent to proceed, even when the oral determination has already been made, and this must be done nunc pro tunc to the date of the original oral finding.