JHM v. State (2006)
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· 13 citation events
across 1 courts.
Showing the 8 strongest citers on record
(one row per citing case, strongest signal kept).
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Perry v. State (2007)
In J.H.M. v. State, 945 So.2d 642, 645 (Fla. 2d DCA 2006), the Second District considered the question posed here: “How did the Florida Supreme Court intend to define an ‘arrest’ in Tillman? ” In that case, where the police-citizen encounter began as an unlawful detention and escalated into an arrest situation, the court noted the difficulty in applying Tillman because “the distinction in Tillman between arrest and non-arrest cases may not be easily drawn in many common, rea…
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R.A., A JUVENILE v. THE STATE OF FLORIDA (2023)
Div. 1998) (holding officer’s removal of juvenile passenger from vehicle was escalation of community caretaking inquiry and not based on objectively reasonable and articulable suspicions); In re Kelsey C.R., 626 N.W.2d 777 , 788–89 (Wis. 2001) (holding officers reasonably seized juvenile under community caretaking function where officers were determining whether juvenile was a runaway and public interest in locating runaways outweighed intrusion into juvenile’s privacy right…
holding officers were not in lawful execution of legal duty when juvenile pushed officer after police ordered juvenile, who was not suspected of any offense and alone babysitting smaller children, out of apartment and thereafter refused to allow juvenile to close door
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C.B. v. State (2008)
Citing Tillman , this court, in J.H.M. v. State, 945 So.2d 642, 645 (Fla. 2d DCA 2006), provided the following guidance: We are inclined to believe that the supreme court in Tillman may have intended to use the more formal and technical definition of “arrest” that is used for purposes such as speedy trial.
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CB v. State (2008)
Citing Tillman , this court, in J.H.M. v. State, 945 So.2d 642, 645 (Fla. 2d DCA 2006), provided the following guidance: We are inclined to believe that the supreme court in Tillman may have intended to use the more formal and technical definition of "arrest" that is used for purposes such as speedy trial.
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Smith v. State (2007)
See Tillman, 934 So.2d at 1269-71 ; J.H.M. v. State, 945 So.2d 642, 644-46 (Fla. 2d DCA 2006); State v. Roy, 944 So.2d 403, 405-06 (Fla. 3d DCA 2006).
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Watson v. State (2008)
See J.H.M. v. State, 945 So.2d 642 (Fla. 2d DCA 2006) (discussing problems in applying Tillman and suggesting that the Supreme Court may have intended to apply a more formal definition of "arrest" in these types of cases which includes as a factor whether the officer has conveyed to the defendant an intent to arrest).
discussing problems in applying Tillman and suggesting that the Supreme Court may have intended to apply a more formal definition of "arrest" in these types of cases which includes as a factor whether the officer has conveyed to the defendant an intent to arrest
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Davis v. State (2008)
Id.; see also J.H.M. v. State, 945 So.2d 642, 645 (Fla. 2d DCA 2006); J.R.P. v. State, 942 So.2d 452, 453-54 (Fla. 2d DCA 2006); Slydell v. State, 792 So.2d 667, 671 (Fla. 4th DCA 2001); S.G.K. v. State, 657 So.2d 1246, 1247 (Fla. 1st DCA 1995).
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Rodriguez v. State (2007)
See Smith v. State, 598 So.2d 1063, 1066 (Fla.1992) (holding that any decision of the Florida Supreme Court "announcing a new rule of law, or merely applying an established rule of law to a new or different factual situation, must be given retrospective application by the courts of this state in every case pending on direct review or not yet final"); see also J.H.M. v. State, 945 So.2d 642, 644 (Fla. 2d DCA 2006) (applying Tillman to a pending case); Yarusso v. State, 942 So…
applying Tillman to a pending case