Nesmith v. State (1993)
green
· 11 citation events
across 1 courts.
Showing the 9 strongest citers on record
(one row per citing case, strongest signal kept).
Sort:
By significance ·
Most recent
green
Smith v. State (2007)
Weekly D1615 (Fla. 2d DCA June 29, 2007) (citing Lang v. State, 826 So.2d 433, 435 (Fla. 2d DCA 2002); Nesmith v. State, 616 So.2d 170, 171-72 (Fla. 2d DCA 1993); Kaigler v. State, 913 So.2d 1254, 1255 (Fla. 2d DCA 2005), quashed, 944 So.2d 340 (Fla.2006), opinion on remand, 947 So.2d 671 (Fla. 2d DCA 2007)).
green
Rodriguez v. State (2007)
See Lang v. State, 826 So.2d 433, 435 (Fla. 2d DCA 2002); Nesmith v. State, 616 So.2d 170, 171-72 (Fla. 2d DCA 1993); cf. Kaigler v. State, 913 So.2d 1254, 1255 (Fla. 2d DCA 2005) (answering in the negative the question of "whether the illegality of a stop during which a suspect allegedly commits resisting with violence and battery of a law enforcement officer causes a failure of the [lawful execution] elements" of sections 784.07(2) and 843.01), quashed, 944 So.2d 340 (Fla.…
green
Kaigler v. State (2005)
See Nesmith v. State, 616 So.2d 170, 171-72 (Fla. 2d DCA 1993) ("The use of force in resisting arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest."); see also Lang v. State, 826 So.2d 433, 435 (Fla. 2d DCA 2002) (in dicta, extending the Nesmith principle to illegal stops).
"The use of force in resisting arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest."
green
Perry v. State (2003)
The State argues that any error was harmless because section 776.051(1), Florida Statutes, makes it unlawful to resist an arrest with force even if the arrest is illegal. [3] See Nesmith v. State, 616 So.2d 170, 171-172 (Fla. 2d DCA 1993).
green
Deltoro v. State (2005)
See, e.g., Nesmith v. State, 616 So.2d 170, 171 (Fla. 2d DCA 1993).
green
Lang v. State (2002)
See, e.g., Nesmith v. State, 616 So.2d 170, 171 (Fla. 2d DCA 1993).
green
Taylor v. State (1999)
See Nesmith v. State, 616 So.2d 170, 171-172 (Fla. 2d DCA 1993) (holding that the "use of force in resisting arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest"); Reed v. State, 606 So.2d 1246, 1247 (Fla. 5th DCA 1992) (stating that "a battery upon a law enforcement officer, even one attempting an invalid arrest, is illegal").
holding that the "use of force in resisting arrest by a person reasonably known to be a law enforcement officer is unlawful notwithstanding the technical illegality of the arrest"
green
State v. Santiago (1995)
See, e.g., Nesmith v. State, 616 So.2d 170 (Fla. 2d DCA 1993); Stanton v. State, 576 So.2d 925 (Fla. 1st DCA), review denied, 584 So.2d 999 (Fla.1991); Dames v. State, 566 So.2d 51 (Fla. 1st DCA 1990).
green
Clark v. State (1995)
See Nesmith v. State, 616 So.2d 170 (Fla. 2d DCA 1993); State v. Hoover, 520 So.2d 696 (Fla. 4th DCA 1988); McClure v. State, 358 So.2d 1187 (Fla. 2d DCA 1978).