R.J. Reynolds Tobacco Co. v. Dion, 230 So. 3d 586 (Fla. 2d DCA 2017). · Go Syfert
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R.J. Reynolds Tobacco Co. v. Dion, 230 So. 3d 586 (Fla. 2d DCA 2017). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2020–2021 · …a double jeopardy claim based upon undisputed facts presents a pure question of law, which we review de novo. ⚠ not in text
cited 2× by 2 distinct cases, 2020–2021 · …a judicially created extension of the constitutional and statutory double jeopardy bar. ⚠ not in text
27 citation events (27 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Anthawn Ragan, Jr. v. the State of Florida
Fla. Dist. Ct. App. · 2024 · confidence medium
It provides that although a defendant can be charged and convicted under multiple criminal statutes for conduct causing another's death during one criminal episode, that criminal defendant can only be punished once for that death.’”) (quoting McCullough v. State, 230 So. 3d 586, 589 (Fla. 2d DCA 2017)).
cited Cited as authority (rule) NOUMAN KHAN RAJA v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2021 · confidence medium
Our “legislature has codified the double jeopardy bar within section 775.021(4)(a)-(b), Florida Statutes (2015).” McCullough v. State, 230 So. 3d 586, 590 (Fla. 2d DCA 2017).
discussed Cited as authority (rule) TERRENCE BARNETT v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
"The Double Jeopardy Clause presents no substantive limitation on the legislature's power to prescribe multiple punishments, but rather, seeks only to prevent courts either from allowing multiple prosecutions or from imposing multiple punishments for a single, legislatively defined offense." McCullough v. State, 230 So. 3d 586, 590 (Fla. 2d DCA 2017) (quoting Roughton v. State, 185 So. 3d 1207, 1209 (Fla. 2016)).
discussed Cited as authority (rule) TERRENCE BARNETT v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
"The Double Jeopardy Clause presents no substantive limitation on the legislature's power to prescribe multiple punishments, but rather, seeks only to prevent courts either from allowing multiple prosecutions or from imposing multiple punishments -3- for a single, legislatively defined offense." McCullough v. State, 230 So. 3d 586, 590 (Fla. 2d DCA 2017) (quoting Roughton v. State, 185 So. 3d 1207, 1209 (Fla. 2016)).
discussed Cited as authority (rule) Michael Deshon Daniel v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
We agree with this argument based on Crusaw v. State, 195 So. 3d 422 (Fla. 1st DCA 2016), in which we held that the single homicide rule precludes dual convictions for vehicular homicide and careless driving causing death or great bodily injury where both offenses involved the same victim. 3 Accord McCullough v. State, 230 So. 3d 586, 593 (Fla. 2d DCA 2017) (holding that the single homicide rule bars dual convictions for vehicular homicide and fleeing or eluding when the offenses involve the same victim).
discussed Cited as authority (rule) LORENZO A. MARTINEZ v. STATE OF FLORIDA (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2018 · confidence medium
We agree with Mr. Martinez that his convictions for counts one and two violate Florida's "single homicide rule." See McCullough v. State, 230 So. 3d 586, 589 (Fla. 2d DCA 2017) ("[The single homicide rule] provides that although a defendant can be charged and convicted under multiple criminal statutes for conduct causing another's death during one criminal episode, that criminal defendant can only be punished once for that death." (citing State v. Cooper, 634 So. 2d 1074, 1074-75 (Fla. 1994); Houser v. State, 474 So. 2d 1193, 1197 (Fla. 1985); Rodriguez v. State, 875 So. 2d 642, 645 (Fla. 2d D…
discussed Cited as authority (rule) MICHAEL ANGUILLE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
McCullough v. State, 230 So. 3d 586, 589 (Fla. 2d DCA 2017); see also Houser v. State, 474 So. 2d 1193, 1197 (Fla. 1985) (“Florida courts have repeatedly recognized that the legislature did not intend to punish a single homicide under two different statutes. . . .
Retrieving the full opinion text from the archive…
R.J. REYNOLDS TOBACCO COMPANY
v.
George J. DION, as personal representative of the Estate of Marion T. Dion
Case No. 2D16-3632.
District Court of Appeal of Florida, Second District.
Nov 8, 2017.
230 So. 3d 586
Marie A. Borland and Troy A. Fuhrman of Hill Ward Henderson, Tampa; Charles R.A. Morse of Jones Day, New York, New York; Benjamin M. Flowers, of Jones Day, Columbus, Ohio; and Jason T. Burnette of Jones Day, Atlanta, Georgia, for Appellant., David J. Sales and Daniel R. Hoffman of David J. Sales, P.A., Jupiter; and William J. Wichmann of William J. Wichmann, P.A., Fort Lauderdale, for Appellee.
Rothstein, Sleet, Villanti, Youakim.
Published
PER CURIAM.

R.J. Reynolds Tobacco Company appeals from a final judgment following a jury trial in this Engle[1] progeny tobacco litigation case. We affirm the final judgment in all respects. As we did in Philip Morris USA Inc. v. Boatright, 217 So.3d 166 (Fla. 2d DCA 2017), we certify conflict with R.J. Reynolds Tobacco Co. v. Schoeff, 178 So.3d 487 (Fla. 4th DCA 2015), review granted, No. SC15-2233, 2016 WL 3127698 (Fla. May 26, 2016), on R.J. Reynolds’s argument pertaining to comparative fault. We also note that R.J. Reynolds seeks to preserve for further review its federal preemption and due process arguments, both of which have previously been rejected. See Philip Morris USA, Inc. v. Douglas, 110 So.3d 419, 430-31 (Fla. 2013); Philip Morris USA, Inc. v. Lourie, 198 So.3d 975, 977-79 (Fla. 2d DCA 2016), review denied, No. SC16-1629, 2017 WL 2628171 (Fla. June 19, 2017), petition for cert. filed, No. 17-401 (Sept. 15, 2017).

VILLANTI, SLEET, and ROTHSTEIN-YOUAKIM, JJ., Concur.
1

See Engle v. Liggett Grp., Inc., 945 So.2d 1246 (Fla. 2006).