Prejudice Requirement

89 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Raymond James Fin. Servs., Inc. v. Saldukas
  896 So. 2d 707· Fla.· 2005-02-24 ·cited 175×
  The Florida Supreme Court resolved a conflict among district courts regarding whether proof of prejudice is required to establish waiver of the right to arbitrate. The Court held that no prejudice showing is required; a party waives its arbitration right through conduct inconsist
• Tompkins v. Moore
  193 F.3d 1327· 11th Cir.· 1999-10-29 ·cited 93×
  Wayne Tompkins was convicted and sentenced to death for the sexual battery and murder of a fifteen-year-old girl, Lisa DeCarr. On federal habeas review, Tompkins challenged the district court's denial of relief on multiple grounds, including ineffective assistance of counsel at b
• Henyard v. State
  992 So. 2d 120· Fla.· 2008-09-10 ·cited 69×
  Richard Henyard appeals orders denying his Rule 3.851 motions to vacate death sentences for murders committed in 1993 when he was 18 years old. The Florida Supreme Court affirmed the trial court's denials, finding Henyard's claims procedurally barred or lacking merit, including c
• Goldman v. State Farm Fire Gen. Ins. Co.
  660 So. 2d 300· Fla. 4th DCA· 1995-08-16 ·cited 66×
  The Fourth District Court of Appeal affirmed summary judgment for State Farm in a homeowners insurance dispute, holding that an insured's failure to submit to a contractually required examination under oath prior to filing suit constitutes a material breach of a condition precede
• Allen v. Sec'y, Fla. Dep't OF Corr., Walter A. McNeil
  611 F.3d 740· 11th Cir.· 2010-07-14 ·cited 64×
  Lloyd Allen Chase was convicted of murdering Dortha Cribbs in Florida in 1993 and sentenced to death. Allen sought federal habeas relief on Brady violation claims and ineffective assistance of counsel claims at both the guilt and sentencing phases. The Eleventh Circuit affirmed t
• Lucas v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  682 F.3d 1342· 11th Cir.· 2012-06-08 ·cited 56×
  Harold Gene Lucas was convicted in 1976 of the first-degree murder of sixteen-year-old Jill Piper and two counts of attempted first-degree murder, and was sentenced to death. On federal habeas review under AEDPA, Lucas raised five claims: (1) the trial court's admission of undisc
• Marine Env't P'rs, Inc. v. Johnson
  863 So. 2d 423· Fla. 4th DCA· 2003-12-31 ·cited 56×
  Marine Environmental Partners, Inc. appealed the dismissal of its complaint based on contractual arbitration and forum selection provisions. The Fourth District Court of Appeal reversed, holding that defendants waived their right to arbitration and choice of Colorado venue by fai
• Stewart v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  476 F.3d 1193· 11th Cir.· 2007-01-31 ·cited 55×
  Kenneth Stewart was convicted of first-degree murder, attempted murder, armed robbery, and arson in 1986 for shooting Mark Harris and Michele Acosta during a carjacking. At the penalty phase, Stewart presented evidence of childhood trauma and mental disturbance through family tes
• Rolling v. Crosby
  438 F.3d 1296· 11th Cir.· 2006-02-09 ·cited 41×
  Danny Harold Rolling, a death row inmate, challenged his conviction on grounds that his trial attorneys were ineffective for delaying a motion for change of venue and providing inadequate support for it. The Eleventh Circuit affirmed the denial of habeas corpus relief, holding th
• State Farm Mut. Auto. Ins. Co. v. Curran
  135 So. 3d 1071· Fla.· 2014-03-13 ·cited 38×
  State Farm sought review of a Fifth District decision holding that an insured's breach of a compulsory medical examination (CME) provision in an uninsured motorist policy does not automatically forfeit benefits absent proof of prejudice. The Florida Supreme Court affirmed, holdin
• United States v. Hughes A. Bagley
  641 F.2d 1235· 9th Cir.· 1981-01-30 ·cited 36×
  The court should have remanded for a new trial due to extrinsic evidence potentially affecting the jury's verdict.
• State Farm Mut. Auto. Ins. Co. v. Curran
  83 So. 3d 793· Fla. 5th DCA· 2011-12-02 ·cited 30×
  State Farm appealed a summary judgment awarding Robin Curran the full $100,000 uninsured/underinsured motorist policy limits despite her breach of the policy's compulsory medical examination (CME) requirement. The Fifth District affirmed, holding that while Curran breached the CM
• DeMALLORY v. Cullen
  855 F.2d 442· 7th Cir.· 1988-08-23 ·cited 25×
  The court held that a prisoner's Eighth Amendment claim regarding unsanitary conditions and dangerous inmate interactions requires more than a showing of negligence, but the district court improperly granted summary judgment without addressing the core allegations. The court also
• Rosen v. Shearson Lehman Bros., Inc.
  534 So. 2d 1185· Fla. 3d DCA· 1988-11-15 ·cited 24×
  The court held that a party's institution of litigation waives its right to arbitration, regardless of whether the opposing party can show prejudice.
• United States v. Boatright
  588 F.2d 471· 5th Cir.· 1979-01-25 ·cited 23×
  The court held that a district court's failure to comply literally with Fed.R.Crim.P. 11 in accepting guilty pleas requires reversal on direct appeal, obligating the defendant to be given an opportunity to plead anew. Specific failures included inadequate explanation of charges,
• United States ex rel. Daniel J. Kleba v. McGINNIS
  796 F.2d 947· 7th Cir.· 1986-07-21 ·cited 22×
  The court held that summary judgment should not have been granted on the claim that Kleba was denied effective assistance of counsel due to his counsel's failure to investigate the whereabouts of an alibi witness.
• Donald & Co. Sec., Inc. v. Mid-Florida Cmty. Servs., Inc.
  620 So. 2d 192· Fla. 2d DCA· 1993-04-30 ·cited 20×
  A party can waive its right to arbitration by actively participating in litigation, even without demonstrating prejudice to the opposing party.
• United States v. Mechanik
  735 F.2d 136· 4th Cir.· 1984-05-16 ·cited 20×
  The majority erred in reversing conspiracy convictions based on a Rule 6(d) violation without considering demonstrable prejudice.
• Pope v. Sec'y, Fla. Dep't OF Corr.
  752 F.3d 1254· 11th Cir.· 2014-05-15 ·cited 18×
  Thomas Dewey Pope was convicted in 1982 of three murders and sentenced to death. Pope claimed his trial counsel provided ineffective assistance during the penalty phase by failing to investigate and present mitigation evidence regarding his childhood, military service, drug depen
• Lane v. Ilana Sarfati
  691 So. 2d 5· Fla. 3d DCA· 1997-02-19 ·cited 18×
  The court held that filing an action in another state, which was dismissed before an answer was filed and caused no prejudice, does not waive the right to arbitration.
• United States v. Altamirano
  633 F.2d 147· 9th Cir.· 1980-10-17 ·cited 18×
  The court held that even where counsel's incompetence is acknowledged, a defendant must still demonstrate prejudice to warrant reversal of a conviction on direct appeal.
• Maler v. Baptist Hosp. OF Miami, Inc.
  532 So. 2d 79· Fla. 3d DCA· 1988-10-18 ·cited 16×
  Trial court erred in refusing to consider a late-filed affidavit of good cause for lack of prosecution where defendants showed no prejudice and the affidavit demonstrated good cause based on parallel litigation activity in an identical lawsuit between the same parties.
• Solano v. State Farm Fla. Ins. Co.
  155 So. 3d 367· Fla. 4th DCA· 2014-05-14 ·cited 14×
  The Solanos appealed a summary judgment for State Farm on their property damage claim arising from Hurricane Wilma, where the trial court held they failed to comply with a policy condition requiring an examination under oath (EUO). The Fourth District reversed, finding genuine di
• The Est. OF Lee L. Williams, Sr. v. Manor Care OF Dunedin, Inc.
  923 So. 2d 615· Fla. 2d DCA· 2006-03-29 ·cited 13×
  The Estate of Lee L. Williams, Sr. appeals a circuit court order compelling arbitration of a negligence action against Manor Care nursing facility. The appellate court reverses, holding that Manor Care waived its right to arbitration by filing an answer demanding jury trial witho
• Raymond James Fin. Servs., Inc. v. Saldukas
  851 So. 2d 853· Fla. 2d DCA· 2003-08-08 ·cited 13×
  Raymond James appealed a trial court's denial of its motion to compel arbitration, arguing it did not waive its right to arbitrate a dispute with Saldukas and Stesal LLC. The Second District affirmed, holding that no showing of prejudice is required to establish waiver of the rig
• Johnson v. State
  247 So. 3d 689· Fla. 1st DCA· 2018-05-25 ·cited 12×
  The trial court properly denied Johnson's postconviction motion because he failed to establish either deficient performance or prejudice under Strickland v. Washington on any of his eight grounds for ineffective assistance of counsel.
• Snelgrove v. State
  217 So. 3d 992· Fla.· 2017-05-11 ·cited 9×
  David Snelgrove was convicted and sentenced to death for murdering an elderly couple in 2000. The Florida Supreme Court affirmed the denial of his post-conviction motion challenging his conviction and claims of ineffective counsel, but vacated his death sentences and ordered a ne
• Sullivan v. Sec'y, Fla. Dep't OF Corr.
  837 F.3d 1195· 11th Cir.· 2016-09-20 ·cited 8×
  Kevin Sullivan was convicted of fleeing police, cocaine possession, and drug paraphernalia possession after his trial counsel, unaware that Florida had abolished voluntary intoxication as a defense in 1999, advised him to reject a pretrial plea offer and proceed to trial based on
• Cannon v. W.C. Berry
  727 F.2d 1020· 11th Cir.· 1984-03-19 ·cited 8×
  The failure to file a brief on a nonfrivolous direct appeal constitutes ineffective assistance of counsel, and a habeas petitioner need not show actual prejudice in such cases.
• United States v. Edwards
  211 F.3d 1355· 11th Cir.· 2000-05-19 ·cited 7×
  Daryl Edwards was convicted of drug conspiracy and distribution and sentenced to life imprisonment. Edwards appealed on two grounds: that his trial violated the Speedy Trial Act by commencing only twenty-nine days after his initial appearance, and that he was denied effective cro
• Upton v. State
  644 So. 2d 181· Fla. 1st DCA· 1994-10-28 ·cited 7×
  A defendant's waiver of the right to jury trial must affirmatively appear in the record as a knowing, voluntary, and intelligent waiver by the defendant himself, and cannot be established solely by the attorney's written waiver without inquiry into the defendant's agreement and u
• United States v. Hernandez
  937 F.2d 1490· 9th Cir.· 1991-07-09 ·cited 6×
  The court held that a government informant's presence during joint defense preparations did not violate the Sixth Amendment without demonstrable prejudice to the defendants. The court also held that alleged omissions in the search warrant affidavit regarding the opening of a car
• Johnson v. State
  452 So. 2d 1035· Fla. 4th DCA· 1984-07-05 ·cited 6×
  Florida appellate court affirmed denial of post-conviction relief where defendant failed to show prejudice from counsel's failure to advise him of potential penalty enhancement during plea negotiations, as defendant lacked familiarity with negotiations and the state had withdrawn
• United States v. Green
  680 F.2d 183· D.C. Cir.· 1982-05-21 ·cited 6×
  The court denied the petition for rehearing and the suggestion for rehearing en banc.
• Hotchkiss v. State
  367 So. 2d 727· Fla. 4th DCA· 1979-02-21 ·cited 6×
  Florida appellate court reversed a conviction for possession of narcotics paraphernalia because the trial judge improperly excluded a defense witness as sanction for counsel's discovery violation, holding that punishment of the defendant violates the rule against visiting counsel
• Dasher v. Attorney Gen., State of Fla., Jim Witt
  574 F.3d 1310· 11th Cir.· 2009-07-13 ·cited 5×
  Cornelius Dasher pleaded guilty to cocaine possession with intent to sell within 1000 feet of a church after his attorney advised him that a straight guilty plea would result in a sentence of approximately thirteen months, based on a favorable plea offer from the judge. The sente
• Williams v. State
  844 So. 2d 700· Fla. 2d DCA· 2003-04-30 ·cited 4×
  Florida appellate court affirmed summary denial of ineffective assistance of counsel motion under Rule 3.850 because the motion failed to allege that counsel's errors would have prevented the no-contest plea, but allowed refiling within thirty days despite the two-year statutory
• Unigard Sec. Ins. Co., Inc. v. N. River Ins. Co.
  949 F.2d 630· 2d Cir.· 1991-11-26 ·cited 4×
  The court certified an unsettled question of New York law to the New York Court of Appeals regarding whether a reinsurer must prove prejudice from late notice.
• Sanders v. Clarke
  856 F.2d 1134· 8th Cir.· 1988-09-12 ·cited 4×
  The court held that a defendant is not required to show prejudice to obtain relief when counsel fails to comply with the Anders requirements for withdrawing from a frivolous appeal.
• Carter v. Lynaugh
  826 F.2d 408· 5th Cir.· 1987-09-10 ·cited 4×
  The court held that the inmate failed to demonstrate prejudice, a prerequisite for habeas relief, even if his guilty plea was not knowing and voluntary or his counsel was ineffective.
• United States ex rel. Joseph Randazzo v. Hon. Harold W. Follette
  444 F.2d 625· 2d Cir.· 1971-06-17 ·cited 4×
  The court held that the petitioner is not required to show prejudice to have his appeal reinstated and that the case must be remanded for a hearing on whether his appeal was improperly frustrated due to indigency or ineffective assistance of counsel.
• State v. Downs
  333 So. 3d 245· Fla. 5th DCA· 2021-11-12 ·cited 3×
  When a postconviction court grants relief for ineffective assistance of counsel without making factual findings or legal conclusions, the appellate court must reverse and remand for the trial court to make sufficient findings and conclusions under the two-pronged Strickland analy
• Downs v. State
  291 So. 3d 612· Fla. 5th DCA· 2020-01-31 ·cited 2×
  Although trial counsel's performance was deficient in refusing to present defense witnesses as part of a strategy to retain closing argument, the defendant failed to establish prejudice under Strickland because the witnesses could not recall the events at issue and failed to prov
• State v. Ernst Tabuteau
  16 So. 3d 991· Fla. 3d DCA· 2009-08-26 ·cited 2×
  Florida reversed the trial court's vacation of defendant's guilty plea because his deportation resulted from both his illegal entry and the conviction, not the conviction alone, so he was not prejudiced by the trial court's failure to warn him of deportation consequences.
• U-Can-Ii, Inc. v. Setzer
  870 So. 2d 99· Fla. 1st DCA· 2003-11-26 ·cited 2×
  The corporate veil may not be pierced absent a showing of improper conduct, and the trial court erred in finding the appellant was the alter ego of certain non-parties without evidence of such improper conduct or that the corporation was organized to mislead creditors.
• Eugenia M. Benedict v. Pensacola Motor Sales, Inc
  846 So. 2d 1238· Fla. 1st DCA· 2003-06-09 ·cited 2×
  The First District Court of Appeal affirmed a trial court's order compelling arbitration in a lemon car case, holding that a party seeking to avoid arbitration by claiming implied waiver must demonstrate prejudice to the opposing party. The court resolved a split among Florida's
• GLF Constr. Corp. v. Recchi-Glf
  821 So. 2d 372· Fla. 1st DCA· 2002-07-09 ·cited 2×
  The court held that no waiver of arbitration occurred under the Federal Arbitration Act because the opposing party failed to demonstrate prejudice. The court also held that the contract's dispute resolution clause did not mandate arbitration under Article XI(a).
• Sorim Petru Vacarean v. State
  810 So. 2d 1055· Fla. 4th DCA· 2002-03-13 ·cited 2×
  Vacarean appeals the denial of his motion for post-conviction relief, arguing the trial court failed to advise him that his plea to a probation violation could result in deportation. The court affirms, holding that Vacarean failed to demonstrate prejudice because he produced no e
• State v. Luders
  731 So. 2d 163· Fla. 4th DCA· 1999-05-05 ·cited 2×
• Smith v. State
  700 So. 2d 469· Fla. 1st DCA· 1997-10-23 ·cited 2×
  Florida appellate court reversed summary denial of post-conviction relief for ineffective assistance of counsel where defendant claimed he was denied the right to testify and could have explained fingerprint evidence at crime scene.