40 Florida opinions name it 2 courts 1894–2019 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Grosvenor v. Stategreen2 sentences2009Second, “[a] defendant who has pleaded guilty who claims that defense counsel was ineffective for failing to advise of an available defense establishes Strickland’s prejudice prong by demonstrating a reasonable probability that, but for counsel’s errors, the defendant would not have pleaded guilty and would have insisted on going to trial.” Grosvenor, 874 So.2d at 1181 . 2009Second, "[a] defendant who has pleaded guilty who claims that defense counsel was ineffective for failing to advise of an available defense establishes Strickland's prejudice prong by demonstrating a reasonable probability that, but for counsel's errors, the defendant would not have pleaded guilty and would have insisted on going to trial." Grosvenor, 874 So.2d at 1181 . | 3 | 4 |
State v. Huntergreen2 sentences2010“When a middleman, not a state agent, induces another person to engage in a crime, entrapment is not an available defense.” State v. Hunter, 586 So.2d 319, 322 (Fla.1991). 1997"When a middleman, not a state agent, induced another person to engage in a crime, entrapment is not an available defense." Id. | 2 | 5 |
Lewis v. City of New Orleansgreen2 sentences1995It is just as clear that the statements did not fall within the only available exception to the rule of constitutional protectability; that is, because they neither “inflict[ed] injury nor tend[ed] to incite an immediate breach of the peace,” they were not “fighting words.” Hill, 482 U.S. at 461-62 , 107 S.Ct. at 2509-10 , 96 L.Ed.2d at 412 (quoting Lewis v. City of New Orleans, 415 U.S. 130, 133 , 94 S.Ct. 970, 972 , 39 L.Ed.2d 214, 219 (1974)). 1995It is just as clear that the statements did not fall within the only available exception to the rule of constitutional protectability; that is, because they neither “inflict[ed] injury nor tend[ed] to incite an immediate breach of the peace,” they were not “fighting words.” Hill, 482 U.S. at 461-62 , 107 S.Ct. at 2509-10 , 96 L.Ed.2d at 412 (quoting Lewis v. City of New Orleans, 415 U.S. 130, 133 , 94 S.Ct. 970, 972 , 39 L.Ed.2d 214, 219 (1974)). | 2 | 2 |
State v. Garciagreen2 sentences1992State v. Krajewski, 589 So.2d 254 (Fla.1991). 1 We find this case governed by that portion of the Hunter opinion which holds that “[w]hen a middleman, not a state agent, induces another person to engage in a crime, entrapment is not an available defense.” State v. Hunter, 586 So.2d at 322 , citing to State v. Garcia, 528 So.2d 76 (Fla. 2d DCA), rev. den., 536 So.2d 244 (Fla.1988); Acosta v. State, 411 So.2d 9 (Fla. 3d DCA 1985); State v. Perez, 438 So.2d 436 (Fla. 3d DCA 1983). 1992"When a middleman, not a state agent, induces another person to engage in a crime, entrapment is not an available defense." State v. Hunter, 586 So.2d 319 (Fla. 1991); see also State v. Garcia, 528 So.2d 76 (Fla. 2d DCA), rev. denied, 536 So.2d 244 (Fla. 1988); Acosta v. State, 477 So.2d 9 (Fla. 1985). | 1 | 3 |
Bowes v. Stategreen2 sentences1991See Bowes v. State, 500 So.2d 290 (Fla. 3d DCA 1986), rev. denied, 506 So.2d 1043 (Fla.1987). 1991Although provided a copy of Bowes , the trial court denied the defense request. 1 The court gave the short form instruction in its entirety as follows: Excusable homicide The killing of a human being is excusable, and therefore lawful, when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without any unlawful intent, or by accident or misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.[ 2 ] Radillo con | 1 | 2 |
Flores v. Stategreen1 sentence2017(Fla. 2d DCA 2003) (citing Flores v. State, 662 So.2d 1350, 1351-52 (Fla. 2d DCA 1995)) (reversing the summary denial of defendant’s claim that counsel failed to inform him that consent was an available defense to a sexual battery charge and remanding for an evi-dentiary hearing); see also Fernandez v. State, 135 So.3d 446, 447-48 (Fla. 2d DCA 2014) (reversing the summary denial of defendant’s claim that' counsel failed to advise him of the availability of the afterthought defense to a robbery charge and remanding for an evidentiary' hearing). | 1 | 1 |
Fernandez v. Stategreen1 sentence2017(Fla. 2d DCA 2003) (citing Flores v. State, 662 So.2d 1350, 1351-52 (Fla. 2d DCA 1995)) (reversing the summary denial of defendant’s claim that counsel failed to inform him that consent was an available defense to a sexual battery charge and remanding for an evi-dentiary hearing); see also Fernandez v. State, 135 So.3d 446, 447-48 (Fla. 2d DCA 2014) (reversing the summary denial of defendant’s claim that' counsel failed to advise him of the availability of the afterthought defense to a robbery charge and remanding for an evidentiary' hearing). | 1 | 1 |
Monroe County v. Cartergreen1 sentence2016In Monroe County v. Carter, 41 So.3d 954, 957 (Fla. 3d DCA 2010), the Third District recognized laches as an available defense to a code enforcement proceeding but reversed because the property owner had failed to prove the elements of the defense. | 1 | 1 |
Morales v. Stategreen1 sentence2014See Morales, 731 So.2d at 92 ; see also Moran v. State, 750 So.2d 182 , 134 (Fla. 2d DCA 2000); Balmori v. State, 985 So.2d 646, 650-651 (Fla. 2d DCA 2008); Spellers v. State, 993 So.2d 1117, 1119 (Fla. 5th DCA 2008). | 1 | 1 |
Ross v. Conoco Inc.green1 sentence2014See Morales, 731 So.2d at 92 ; see also Moran v. State, 750 So.2d 182 , 134 (Fla. 2d DCA 2000); Balmori v. State, 985 So.2d 646, 650-651 (Fla. 2d DCA 2008); Spellers v. State, 993 So.2d 1117, 1119 (Fla. 5th DCA 2008). | 1 | 1 |
Jews for Jesus, Inc. v. Rappgreen1 sentence2014See Jews for Jesus, Inc. v. Rapp, 997 So.2d 1098 , 1108 n. 13 (Fla.2008) (holding that “truth remains an available defense to defendants who can prove that the defamatory implication is true” in a defamation by implication action); see also Woodard v. Sunbeam Television Corp., 616 So.2d 501, 502 (Fla. 3d DCA 1993) (holding that the media has a qualified privilege to report the information they receive from government officials). | 1 | 1 |
Balmori v. Stategreen1 sentence2014See Morales, 731 So.2d at 92 ; see also Moran v. State, 750 So.2d 182 , 134 (Fla. 2d DCA 2000); Balmori v. State, 985 So.2d 646, 650-651 (Fla. 2d DCA 2008); Spellers v. State, 993 So.2d 1117, 1119 (Fla. 5th DCA 2008). | 1 | 1 |
Woodard v. Sunbeam Television Corp.green1 sentence2014See Jews for Jesus, Inc. v. Rapp, 997 So.2d 1098 , 1108 n. 13 (Fla.2008) (holding that “truth remains an available defense to defendants who can prove that the defamatory implication is true” in a defamation by implication action); see also Woodard v. Sunbeam Television Corp., 616 So.2d 501, 502 (Fla. 3d DCA 1993) (holding that the media has a qualified privilege to report the information they receive from government officials). | 1 | 1 |
Krontz v. Feilergreen1 sentence2014See Krontz v. Feiler, 553 So.2d 1302 (Fla. 3d DCA 1989) (holding that setoff is not an available defense to a section 68.065 action). | 1 | 1 |
Spellers v. Stategreen1 sentence2014See Morales, 731 So.2d at 92 ; see also Moran v. State, 750 So.2d 182 , 134 (Fla. 2d DCA 2000); Balmori v. State, 985 So.2d 646, 650-651 (Fla. 2d DCA 2008); Spellers v. State, 993 So.2d 1117, 1119 (Fla. 5th DCA 2008). | 1 | 1 |
Kennedy v. Louisianagreen2 sentences2012See Kennedy v. Louisiana, 554 U.S. 407, 423 , 128 S.Ct. 2641 , 171 L.Ed.2d 525 (2008) (concluding that because mistake regarding the minor’s age was not a defense, the statute imposed strict liability); Levinson, Laurie L., Good Faith Defenses: Reshaping Strict Liability Crimes, 78 Cornell L. 2012See Kennedy v. Louisiana, 554 U.S. 407, 423 , 128 S.Ct. 2641 , 171 L.Ed.2d 525 (2008) (concluding that because mistake regarding the minor’s age was not a defense, the statute imposed strict liability); Levinson, Laurie L., Good Faith Defenses: Reshaping Strict Liability Crimes, 78 Cornell L. | 1 | 1 |
ROKER v. Stategreen2 sentences2011The court may make new findings based upon sworn allegations in which to determine whether the defendant has met his “burden of showing that disclosure of the Cl’s identity is necessary to a specific and available defense .... ” State v. Rivas, 25 So.3d 647, 651 (Fla. 4th DCA 2010). 2011If so, the court should then, “conduct an in camera hearing to determine if the Cl has anything relevant and helpful to say before ordering disclosure of the Cl’s identity.” Id. | 1 | 1 |
United States v. Clemente Valdovinos-Valdovinosgreen1 sentence2010Nor can defendants raise “ ‘due process violations allegedly suffered by third parties.’ ” Id. (quoting United States v. Valdovinos-Valdovinos, 743 F.2d 1436, 1437 (9th Cir.1984)). | 1 | 1 |
Panchu v. Stategreen2 sentences2010See Panchu v. State, 1 So.3d 1243 (Fla. 4th DCA 2009); Brazeail v. State, 821 So.2d 364 (Fla. 1st DCA 2002). 2010See Panchu v. State, 1 So.3d 1243 (Fla. 4th DCA 2009);. | 1 | 1 |
| Gardner v. Stategreen | 1 | 1 |
| Dawson v. Saadagreen | 1 | 1 |
| Stinyard v. Stategreen | 1 | 1 |
| Jackson v. Stategreen | 1 | 1 |
| Alderman v. Wysong & Miles Co.green | 1 | 1 |
| McKinney v. Stategreen | 1 | 1 |
| State v. Petrogreen | 1 | 1 |
| Bennett v. Orange State Oil Companygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2009“Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.” Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 . 2009“Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.” Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 . | 2 | 2004–2009 |
Dice v. Akron, Canton & Youngstown Railroad
green
2 sentences1995It is just as clear that the statements did not fall within the only available exception to the rule of constitutional protectability; that is, because they neither "inflict[ed] injury nor tend[ed] to incite an immediate breach of the peace," they were not "fighting words." Hill, 482 U.S. at 461-62 , 107 S.Ct. at 2509-10 , 96 L.Ed.2d at 412 (quoting Lewis v. City of New Orleans, 415 U.S. 130, 133 , 94 S.Ct. 970, 972 , 39 L.Ed.2d 214, 219 (1974)). 1995It is just as clear that the statements did not fall within the only available exception to the rule of constitutional protectability; that is, because they neither “inflict[ed] injury nor tend[ed] to incite an immediate breach of the peace,” they were not “fighting words.” Hill, 482 U.S. at 461-62 , 107 S.Ct. at 2509-10 , 96 L.Ed.2d at 412 (quoting Lewis v. City of New Orleans, 415 U.S. 130, 133 , 94 S.Ct. 970, 972 , 39 L.Ed.2d 214, 219 (1974)). | 2 | 1995–1995 |
City of Houston v. Hill
green
2 sentences1995It is just as clear that the statements did not fall within the only available exception to the rule of constitutional protectability; that is, because they neither “inflict[ed] injury nor tend[ed] to incite an immediate breach of the peace,” they were not “fighting words.” Hill, 482 U.S. at 461-62 , 107 S.Ct. at 2509-10 , 96 L.Ed.2d at 412 (quoting Lewis v. City of New Orleans, 415 U.S. 130, 133 , 94 S.Ct. 970, 972 , 39 L.Ed.2d 214, 219 (1974)). 1995It is just as clear that the statements did not fall within the only available exception to the rule of constitutional protectability; that is, because they neither “inflict[ed] injury nor tend[ed] to incite an immediate breach of the peace,” they were not “fighting words.” Hill, 482 U.S. at 461-62 , 107 S.Ct. at 2509-10 , 96 L.Ed.2d at 412 (quoting Lewis v. City of New Orleans, 415 U.S. 130, 133 , 94 S.Ct. 970, 972 , 39 L.Ed.2d 214, 219 (1974)). | 2 | 1995–1995 |
Acosta v. State
green
2 sentences1992"When a middleman, not a state agent, induces another person to engage in a crime, entrapment is not an available defense." State v. Hunter, 586 So.2d 319 (Fla. 1991); see also State v. Garcia, 528 So.2d 76 (Fla. 2d DCA), rev. denied, 536 So.2d 244 (Fla. 1988); Acosta v. State, 477 So.2d 9 (Fla. 1985). 1991State v. Garcia, 528 So.2d 76 (Fla. 2d DCA), review denied, 536 So.2d 244 (Fla. 1988); Acosta v. State, 477 So.2d 9 (Fla. 3d DCA 1985); State v. Perez, 438 So.2d 436 (Fla. 3d DCA 1983). | 2 | 1991–1992 |
State v. Perez
green
2 sentences1992State v. Krajewski, 589 So.2d 254 (Fla.1991). 1 We find this case governed by that portion of the Hunter opinion which holds that “[w]hen a middleman, not a state agent, induces another person to engage in a crime, entrapment is not an available defense.” State v. Hunter, 586 So.2d at 322 , citing to State v. Garcia, 528 So.2d 76 (Fla. 2d DCA), rev. den., 536 So.2d 244 (Fla.1988); Acosta v. State, 411 So.2d 9 (Fla. 3d DCA 1985); State v. Perez, 438 So.2d 436 (Fla. 3d DCA 1983). 1991State v. Garcia, 528 So.2d 76 (Fla. 2d DCA), review denied, 536 So.2d 244 (Fla. 1988); Acosta v. State, 477 So.2d 9 (Fla. 3d DCA 1985); State v. Perez, 438 So.2d 436 (Fla. 3d DCA 1983). | 2 | 1991–1992 |
Hembree v. Hembree
green
2 sentences1975"This rule was properly stated in the case of Hembree v. Hembree, 208 Ky. 658 , 271 S.W. 1100 , text 1101, `To have purged himself of contempt for his failure to comply with the court's orders he must have made it clearly appear, not only that he was unable to comply therewith, but also that his inability was not caused by his own neglect or misconduct.' This rule was reiterated in the later case of Roper v. Roper, 242 Ky. 658 , 47 S.W.2d 517 ." *91 In the case sub judice, although the record may not show that appellant has the present ability to immediately pay the full amount of the arrearag 1975"This rule was properly stated in the case of Hembree v. Hembree, 208 Ky. 658 , 271 S.W. 1100 , text 1101, `To have purged himself of contempt for his failure to comply with the court's orders he must have made it clearly appear, not only that he was unable to comply therewith, but also that his inability was not caused by his own neglect or misconduct.' This rule was reiterated in the later case of Roper v. Roper, 242 Ky. 658 , 47 S.W.2d 517 ." *91 In the case sub judice, although the record may not show that appellant has the present ability to immediately pay the full amount of the arrearag | 2 | 1963–1975 |
Roper v. Roper
green
2 sentences1975"This rule was properly stated in the case of Hembree v. Hembree, 208 Ky. 658 , 271 S.W. 1100 , text 1101, `To have purged himself of contempt for his failure to comply with the court's orders he must have made it clearly appear, not only that he was unable to comply therewith, but also that his inability was not caused by his own neglect or misconduct.' This rule was reiterated in the later case of Roper v. Roper, 242 Ky. 658 , 47 S.W.2d 517 ." *91 In the case sub judice, although the record may not show that appellant has the present ability to immediately pay the full amount of the arrearag 1975"This rule was properly stated in the case of Hembree v. Hembree, 208 Ky. 658 , 271 S.W. 1100 , text 1101, `To have purged himself of contempt for his failure to comply with the court's orders he must have made it clearly appear, not only that he was unable to comply therewith, but also that his inability was not caused by his own neglect or misconduct.' This rule was reiterated in the later case of Roper v. Roper, 242 Ky. 658 , 47 S.W.2d 517 ." *91 In the case sub judice, although the record may not show that appellant has the present ability to immediately pay the full amount of the arrearag | 2 | 1963–1975 |
Van Eaton v. State
green
2 sentences1973We therefore adhere to the Rule in M'Naghten's case as do all other jurisdictions except [New Hampshire and the United States Court of Appeals for the District of Columbia Circuit] ..." In 1967 in Van Eaton, supra, 205 So.2d at 303 , we said, "Once again we reaffirm our adherence to the rule [M'Naghten] we have consistently followed and for the same reasons so ably expressed by Mr. Justice O'Connell in Piccott." Once again we reaffirm our adherence to M'Naghten. 1969We have reconsidered this question in the light of argument of counsel for the appellant and have concluded again as we did in Piccott, supra, 116 So.2d 626 , in Van Eaton v. State, Fla. 1967, 205 So.2d 298 , and in Holston v. State, Fla. 1968, 208 So.2d 98 , that the "right or wrong" test is the best available rule for determining the question of the legal accountability of the accused for his criminal act. | 2 | 1969–1973 |
Piccott v. State
green
2 sentences1973In Piccott v. State, supra, 116 So.2d at 627 , we said: "... we have not been convinced that the M'Naghten rule is not the best available rule for measuring the mental condition of the individual in terms of accountability for criminal acts. 1973In Piccott v. State, supra, 116 So.2d at 627 , we said: "... we have not been convinced that the M'Naghten rule is not the best available rule for measuring the mental condition of the individual in terms of accountability for criminal acts. | 2 | 1969–1973 |
Munoz v. State
green
1 sentence2013The supreme court, in Munoz v. State, 629 So.2d 90 (Fla.1993), examined what was then a new legislative codification of the entrapment defense. | 1 | 2013–2013 |
Brazeail v. State
green
1 sentence2010See Panchu v. State, 1 So.3d 1243 (Fla. 4th DCA 2009); Brazeail v. State, 821 So.2d 364 (Fla. 1st DCA 2002). | 1 | 2010–2010 |
| Straub v. LEHTINEN, VARGAS & RIEDI, PA green | 1 | 2008–2008 |
| Hill v. Lockhart green | 1 | 2004–2004 |
| Parker v. Brown green | 1 | 2004–2004 |
| Gross v. Franklin green | 1 | 2004–2004 |
| Holley v. State green | 1 | 2001–2001 |
| Casey v. State green | 1 | 2001–2001 |
| State v. Brugman green | 1 | 1992–1992 |
| State v. Krajewski green | 1 | 1992–1992 |
| Rizzolo v. Commonwealth green | 1 | 1981–1981 |
| Phelan v. Phelan green | 1 | 1975–1975 |
| Haddon v. Haddon green | 1 | 1975–1975 |
| Arendall v. Arendall green | 1 | 1975–1975 |
| Holston v. State green | 1 | 1969–1969 |
| Headley v. Leavitt neutral | 1 | 1964–1964 |
| Knight v. United States Land Assn. green | 1 | 1894–1894 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.