How cited: State v. Sims · Go Syfert

State v. Sims (2013)

green · 12 citation events across 2 courts. Showing the 8 strongest citers on record (one row per citing case, strongest signal kept).
Rule Authority · Fla. Dist. Ct. App.
It is the appellant’s burden to show we must reverse, and he cannot meet that burden without overcoming all bases for affirmance.” (cleaned up)); State v. Pitts, 936 So. 2d 1111, 1133 (Fla. 2d DCA 2006) (stating that under the tipsy coachman doctrine, an appellate court should affirm the trial court “even if the specific grounds articulated by the trial court were erroneous” and “even if the specific basis for affirmance has not been articulated by the appellee” (citations o…
“An appellate court has authority to consider an argument not made on appeal as an alternative basis for affirmance.” (citing Dade Cnty. Sch. Bd., 731 So. 2d 638 )
Rule Authority · Fla. Dist. Ct. App.
It is the appellant’s burden to show we must reverse, and he cannot meet that burden without overcoming all bases for affirmance.” (cleaned up)); State v. Pitts, 936 So. 2d 1111, 1133 (Fla. 2d DCA 2006) (stating that under the tipsy coachman doctrine, an appellate court should affirm the trial court “even if the specific grounds articulated by the trial court were erroneous” and “even if the specific basis for affirmance has not been articulated by the appellee” (citations o…
“An appellate court has authority to consider an argument not made on appeal as an alternative basis for affirmance.” (citing Dade Cnty. Sch. Bd., 731 So. 2d 638 )
Rule Authority · M.D. Fla.
“A criminal defendant is entitled to a judgment of acquittal if there is no direct evidence of guilt and if the circumstantial evidence does not exclude every reasonable hypothesis of innocence.” State v. Sims, 110 So. 3d 113, 115 (Fla. 1st DCA 2013) (citation omitted).
citation omitted
Rule Authority · Fla. Dist. Ct. App.
“A criminal defendant is entitled to a judgment of acquittal if there is no direct evidence of guilt and if the circumstantial evidence does not exclude every reasonable hypothesis of innocence.” State v. Sims, 110 So. 3d 113, 115 (Fla. 1st DCA 2013) (citing State v. Law, 559 So. 2d 187, 188-89 (Fla. 1989)).
citing State v. Law, 559 So. 2d 187, 188-89 (Fla. 1989)
Rule Authority · Fla. Dist. Ct. App.
It is almost always shown solely by circumstantial evidence.” State v. Sims, 110 So. 3d 113, 122 (Fla. 1st DCA 2013) (quoting Green v. State, 90 So. 3d 835, 837 (Fla. 2d DCA 2012)) (emphasis added by Sims).
quoting Green v. State, 90 So. 3d 835, 837 (Fla. 2d DCA 2012)
Rule Authority · Fla. Dist. Ct. App.
See Durousseau v. State, 55 So.3d 543, 556 (Fla.2010); State v. Sims, 110 So.3d 113, 115 (Fla. 1st DCA 2013).
green Tate v. State (2013)
Rule Authority · Fla. Dist. Ct. App.
See also Rocker v. State, 122 So.3d 898 (Fla. 2d DCA 2013) (Villanti, J„ dissenting) (agreeing with Knight that the supreme court should reconsider the special circumstantial evidence standard); State v. Sims, 110 So.3d 113, 117-18 (Fla. 1st DCA 2013) (Thomas, J., dissenting) (same). .
Thomas, J., dissenting
Cited · Fla. Dist. Ct. App. · signal: see · 2 citations in this opinion
See Jossfolk, 110 So.3d at 113 (explaining that ordinance and law damage is ordinarily not ripe for determination at the original appraisal since it is recoverable only when the insured actually incurs or becomes liable for additional expenses in “compliance with current ordinances in order to complete repairs”) (citing Ceballo v. Citizens).
explaining that ordinance and law damage is ordinarily not ripe for determination at the original appraisal since it is recoverable only when the insured actually incurs or becomes liable for additional expenses in “compliance with current ordinances in order to complete repairs”