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40 Florida opinions name it 2 courts 1990–2021 2 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 |
|---|---|---|
Berry v. Stategreen2 sentences2021In Berry v. State, 668 So. 2d 967, 968-69 (Fla. 1996), the supreme court once again applied the Faison test in the context of a case, again on appeal from this court, involving kidnapping committed as part of a home invasion robbery. 2021In Berry v. State, 668 So. 2d 967, 968-69 (Fla. 1996), the supreme court once again applied the Faison test in the context of a case, again on appeal from this court, involving kidnapping committed as part of a home invasion robbery. | 8 | 10 |
Bedford v. Stategreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 8 | 8 |
Ferguson v. Stategreen2 sentences2021A few years later, in Ferguson v. State, 533 So. 2d 763, 764 (Fla. 1988), the supreme court applied the Faison test in the context of a case on appeal from this court involving a kidnapping committed to facilitate a robbery. 2021A few years later, in Ferguson v. State, 533 So. 2d 763, 764 (Fla. 1988), the supreme court applied the Faison test in the context of a case on appeal from this court involving a kidnapping committed to facilitate a robbery. | 6 | 8 |
State v. Smithgreen2 sentences2021In State v. Smith, 840 So. 2d 987 , 989- 90 (Fla. 2003), our supreme court held that “[t]he Faison test is not applicable to false imprisonment convictions because the test was established for a particular element of the kidnapping statute that is not included in the false imprisonment statute.” This holding abrogated cases where we had reversed false imprisonment convictions based on Faison. 2021Because “[t]he Faison test is not applicable to false imprisonment convictions” as held in Smith, 840 So. 2d at 989 , a conviction for false imprisonment on the kidnapping count involving the store manager is not precluded. | 5 | 8 |
Chaeld v. Stategreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 5 | 7 |
Walker v. Stategreen2 sentences2021In Walker v. State, 604 So. 2d 475, 476-77 (Fla. 1992), the supreme court again applied the Faison test in the context of a case involving an alleged kidnapping committed to facilitate the robbery of a convenience store. 2021In Walker v. State, 604 So. 2d 475, 476-77 (Fla. 1992), the supreme court again applied the Faison test in the context of a case involving an alleged kidnapping committed to facilitate the robbery of a convenience store. | 4 | 4 |
Biggs v. Stategreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 4 | 4 |
Waddell v. Stategreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 3 | 4 |
State v. Buggsgreen2 sentences2013Faison v. State, 426 So.2d 963, 965-66 (Fla.1983) (approving the test set forth in State v. Buggs, 219 Kan. 203 , 547 P.2d 720, 731 (1976)). 1 The confinement here did not meet any prong of the Faison test. 2013Faison v. State, 426 So.2d 963, 965-66 (Fla.1983) (approving the test set forth in State v. Buggs, 219 Kan. 203 , 547 P.2d 720, 731 (1976)). 1 The confinement here did not meet any prong of the Faison test. | 3 | 3 |
Perez v. Stategreen2 sentences2003After Lindsey , several district courts applied the Faison test to false imprisonment. *991 See, e.g., Taylor v. State, 771 So.2d 1233, 1234 (Fla. 2d DCA 2000); Rohan v. State, 696 So.2d 901, 903 (Fla. 4th DCA 1997); Keller v. State, 586 So.2d 1258, 1261-62 (Fla. 5th DCA 1991); Perez v. State, 566 So.2d 881, 884 (Fla. 3d DCA 1990). 2003After Lindsey , several district courts applied the Faison test to false imprisonment. *991 See, e.g., Taylor v. State, 771 So.2d 1233, 1234 (Fla. 2d DCA 2000); Rohan v. State, 696 So.2d 901, 903 (Fla. 4th DCA 1997); Keller v. State, 586 So.2d 1258, 1261-62 (Fla. 5th DCA 1991); Perez v. State, 566 So.2d 881, 884 (Fla. 3d DCA 1990). | 2 | 4 |
Rohan v. Stategreen2 sentences2003After Lindsey , several district courts applied the Faison test to false imprisonment. *991 See, e.g., Taylor v. State, 771 So.2d 1233, 1234 (Fla. 2d DCA 2000); Rohan v. State, 696 So.2d 901, 903 (Fla. 4th DCA 1997); Keller v. State, 586 So.2d 1258, 1261-62 (Fla. 5th DCA 1991); Perez v. State, 566 So.2d 881, 884 (Fla. 3d DCA 1990). 2003After Lindsey , several district courts applied the Faison test to false imprisonment. *991 See, e.g., Taylor v. State, 771 So.2d 1233, 1234 (Fla. 2d DCA 2000); Rohan v. State, 696 So.2d 901, 903 (Fla. 4th DCA 1997); Keller v. State, 586 So.2d 1258, 1261-62 (Fla. 5th DCA 1991); Perez v. State, 566 So.2d 881, 884 (Fla. 3d DCA 1990). | 2 | 3 |
Keller v. Stategreen2 sentences2003After Lindsey , several district courts applied the Faison test to false imprisonment. *991 See, e.g., Taylor v. State, 771 So.2d 1233, 1234 (Fla. 2d DCA 2000); Rohan v. State, 696 So.2d 901, 903 (Fla. 4th DCA 1997); Keller v. State, 586 So.2d 1258, 1261-62 (Fla. 5th DCA 1991); Perez v. State, 566 So.2d 881, 884 (Fla. 3d DCA 1990). 2003After Lindsey , several district courts applied the Faison test to false imprisonment. *991 See, e.g., Taylor v. State, 771 So.2d 1233, 1234 (Fla. 2d DCA 2000); Rohan v. State, 696 So.2d 901, 903 (Fla. 4th DCA 1997); Keller v. State, 586 So.2d 1258, 1261-62 (Fla. 5th DCA 1991); Perez v. State, 566 So.2d 881, 884 (Fla. 3d DCA 1990). | 2 | 3 |
Conner v. Stategreen2 sentences2011The court recognized that the Faison test and associated jury instruction do not apply when the defendant is charged under subparagraph 3 of the kidnapping statute, id. at 1121-22 , but the court then applied a test that mirrors the Faison test. 2011The court recognized that the Faison test and associated jury instruction do not apply when the defendant is charged under subparagraph 3 of the kidnapping statute, id. at 1121-22 , but the court then applied a test that mirrors the Faison test. | 2 | 2 |
Sutton v. Stategreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 2 | 2 |
Boyd v. Stategreen2 sentences2011See, e.g., Lynch, 2 So.3d at 62-63 (applying the Faison test to section 787.01(1)(a)2.); Boyd v. State, 910 So.2d 167, 183-84 (Fla.2005) (same); Chavez v. State, 832 So.2d 730, 764 (Fla.2002) (same). 2011See, e.g., Lynch, 2 So.3d at 62-63 (applying the Faison test to section 787.01(1)(a)2.); Boyd v. State, 910 So.2d 167, 183-84 (Fla.2005) (same); Chavez v. State, 832 So.2d 730, 764 (Fla.2002) (same). | 2 | 2 |
Marino v. United Statesgreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 2 | 2 |
Jones v. United Statesgreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 2 | 2 |
State v. Lumarquegreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 2 | 2 |
Elozar v. Stategreen2 sentences2006See Berry v. State, 668 So. 2d 967, 969 (Fla. 1996) (observing that binding the victims satisfied the Faison test, whereas if the robbers had simply held the victims at gunpoint, or had confined them in a room and ordered them not to leave, such confinement would cease naturally with the robbery); Walker v. State, 604 So. 2d 475, 477 (Fla. 1992) (lying down or moving to the back of the store during a robbery was "slight, inconsequential, and merely incidental to the robberies"); McCutcheon v. State, 711 So. 2d 1286 (Fla. 4th DCA 1998) (ordering victim into a storeroom where the safe was locate 2006See, e.g., Berry, 668 So.2d at 969 ; Goff v. State, 616 So.2d 551, 552 (Fla. 2d DCA 1993); Frederick v. State, 931 So.2d 967, 969-70 (Fla. 3d DCA 2006); Elozar v. State, 825 So.2d 490, 491 (Fla. 5th DCA 2002). | 2 | 2 |
Faison v. Stategreen2 sentences2013Faison v. State, 426 So.2d 963, 965-66 (Fla.1983) (approving the test set forth in State v. Buggs, 219 Kan. 203 , 547 P.2d 720, 731 (1976)). 1 The confinement here did not meet any prong of the Faison test. 2013Faison v. State, 426 So.2d 963, 965-66 (Fla.1983) (approving the test set forth in State v. Buggs, 219 Kan. 203 , 547 P.2d 720, 731 (1976)). 1 The confinement here did not meet any prong of the Faison test. | 1 | 9 |
Sanders v. Stategreen2 sentences2005See also Sanders v. State, 905 So.2d 271 (Fla. 2d DCA 2005) (reversing defendant's conviction for kidnapping based on the Faison test and remanding for the trial court to enter judgment for the lesser offense of false imprisonment because the Faison test does not apply to false imprisonment). 2005See also Sanders v. State, 905 So.2d 271 (Fla. 2d DCA 2005) (reversing defendant's conviction for kidnapping based on the Faison test and remanding for the trial court to enter judgment for the lesser offense of false imprisonment because the Faison test does not apply to false imprisonment). | 1 | 6 |
McCutcheon v. Stategreen2 sentences2006See Berry v. State, 668 So. 2d 967, 969 (Fla. 1996) (observing that binding the victims satisfied the Faison test, whereas if the robbers had simply held the victims at gunpoint, or had confined them in a room and ordered them not to leave, such confinement would cease naturally with the robbery); Walker v. State, 604 So. 2d 475, 477 (Fla. 1992) (lying down or moving to the back of the store during a robbery was "slight, inconsequential, and merely incidental to the robberies"); McCutcheon v. State, 711 So. 2d 1286 (Fla. 4th DCA 1998) (ordering victim into a storeroom where the safe was locate 2001Therefore, we distinguish those opinions in which a false imprisonment conviction was reversed for failure to meet the Faison test when coupled with a robbery, see, e.g., McCutcheon, 711 So.2d at 1288-89 , or a burglary with a battery, see Rohan v. State, 696 So.2d 901 (Fla. 4th DCA 1997). | 1 | 3 |
Maguire v. Stategreen2 sentences2021We find the dissent’s reliance upon our reversal of a false imprisonment conviction under a Faison analysis in Russell v. State, 874 So. 2d 1256, 1257-58 (Fla. 4th DCA 2004), to be misplaced. 2021We find the dissent’s reliance upon our reversal of a false imprisonment conviction under a Faison analysis in Russell v. State, 874 So. 2d 1256, 1257-58 (Fla. 4th DCA 2004), to be misplaced. | 1 | 2 |
Delgado v. Stategreen2 sentences2011Here, the district court's decision erroneously equates both "avoiding detection and apprehension" and "extend[ing] the time of confinement"facts that are relevant to establishing the Faison testwith satisfying the essential elements required under the kidnapping statute, including that such actions "facilitate[d] [Delgado's] commission of the [auto] theft." Id. 1057-58 , 1057 n. 3. 2011Here, the district court's decision erroneously equates both "avoiding detection and apprehension" and "extend[ing] the time of confinement"facts that are relevant to establishing the Faison testwith satisfying the essential elements required under the kidnapping statute, including that such actions "facilitate[d] [Delgado's] commission of the [auto] theft." Id. 1057-58 , 1057 n. 3. | 1 | 2 |
Frederick v. Stategreen2 sentences2006See Berry v. State, 668 So. 2d 967, 969 (Fla. 1996) (observing that binding the victims satisfied the Faison test, whereas if the robbers had simply held the victims at gunpoint, or had confined them in a room and ordered them not to leave, such confinement would cease naturally with the robbery); Walker v. State, 604 So. 2d 475, 477 (Fla. 1992) (lying down or moving to the back of the store during a robbery was "slight, inconsequential, and merely incidental to the robberies"); McCutcheon v. State, 711 So. 2d 1286 (Fla. 4th DCA 1998) (ordering victim into a storeroom where the safe was locate 2006See, e.g., Berry, 668 So.2d at 969 ; Goff v. State, 616 So.2d 551, 552 (Fla. 2d DCA 1993); Frederick v. State, 931 So.2d 967, 969-70 (Fla. 3d DCA 2006); Elozar v. State, 825 So.2d 490, 491 (Fla. 5th DCA 2002). | 1 | 2 |
Kirtsey v. Stategreen2 sentences1996This is exemplified by Kirtsey v. State, 511 So.2d 744 (Fla. 5th DCA 1987), in which the defendant robbed a Pizza Hut by tying up one employee and moving the employee about the interior of the store and forcing another employee to open the safe by threatening that employee with a gun. 1992Kirtsey v. State, 511 So.2d 744, 745 (Fla. 5th DCA 1987). | 1 | 2 |
| Walker v. Stategreen | 1 | 1 |
| Lewis v. Stategreen | 1 | 1 |
| Peoplease Corp. v. Schroedergreen | 1 | 1 |
| Chavez v. Stategreen | 1 | 1 |
| Lynch v. Stategreen | 1 | 1 |
| Davis v. Stategreen | 1 | 1 |
| Goff v. Stategreen | 1 | 1 |
| Brown v. Stategreen | 1 | 1 |
| Taylor v. Stategreen | 1 | 1 |
| State v. Lindseygreen | 1 | 1 |
| Carron v. Stategreen | 1 | 1 |
| Kennedy v. Stategreen | 1 | 1 |
| Mendoza v. Stategreen | 1 | 1 |
| Sanborn v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Chaeld v. Stategreen2 sentences2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t 2011See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), ce rt. denied, 503 U.S. 1009 , 112 S.Ct. 1773 , 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (holding that the Faison test does not apply t | 1 | 7 |
| Case | Cited | Years |
|---|---|---|
Chaney v. State
green
2 sentences2021In affirming the kidnapping convictions, the supreme court approved of this court’s opinion, and disapproved of the manner in which the First District had applied the Faison test in Chaney v. State, 464 So. 2d 1261 (Fla. 1st DCA 1985). 2021In affirming the kidnapping convictions, the supreme court approved of this court’s opinion, and disapproved of the manner in which the First District had applied the Faison test in Chaney v. State, 464 So. 2d 1261 (Fla. 1st DCA 1985). | 2 | 2021–2021 |
Johnson v. State
green
2 sentences2021While recognizing that application of the Faison test “continues to prove difficult in practice,” id. at 1239 , we concluded the facts in Johnson were sufficient to satisfy the test and affirmed the kidnapping conviction. 2021While recognizing that application of the Faison test “continues to prove difficult in practice,” id. at 1239 , we concluded the facts in Johnson were sufficient to satisfy the test and affirmed the kidnapping conviction. | 2 | 2021–2021 |
Whitted v. State
green
2 sentences2021Cf. Whitted v. State, 362 So. 2d 668 , 670 n.2 (Fla. 1978) (declining to consider point argued below in support of motion to dismiss because defendant failed to raise it on appeal). 2021Cf. Whitted v. State, 362 So. 2d 668 , 670 n.2 (Fla. 1978) (declining to consider point argued below in support of motion to dismiss because defendant failed to raise it on appeal). | 2 | 2021–2021 |
Rodriguez v. State
green
2 sentences1990In the present case, we conclude that the Faison test has been satisfied with respect to the daughter and housekeeper under the reasoning of Rodriguez v. State, 558 So.2d 211 (Fla. 3d DCA 1990) and Sanborn v. State, 513 So.2d 1380, 1381-82 (Fla. 3d DCA 1987), aff'd, 533 So.2d 1169 (Fla. 1988). 1990In the present case, we conclude that the Faison test has been satisfied with respect to the daughter and housekeeper under the reasoning of Rodriguez v. State, 558 So.2d 211 (Fla. 3d DCA 1990) and Sanborn v. State, 513 So.2d 1380, 1381-82 (Fla. 3d DCA 1987), aff'd, 533 So.2d 1169 (Fla. 1988). | 2 | 1990–1999 |
| Ortiz v. State neutral | 1 | 2011–2011 |
| Hernandez v. State neutral | 1 | 2011–2011 |
| NATIONWIDE INS. CO. OF FLORIDA v. Liebel neutral | 1 | 2011–2011 |
| Formor v. State green | 1 | 2006–2006 |
| State v. Waits green | 1 | 2005–2005 |
| Black v. State green | 1 | 1999–1999 |
| Panno v. State green | 1 | 1999–1999 |
| Taylor v. State neutral | 1 | 1999–1999 |
| Garvin v. State green | 1 | 1999–1999 |
| Woodley v. State neutral | 1 | 1999–1999 |
| Brown v. State green | 1 | 1999–1999 |
| Cuyler v. State neutral | 1 | 1999–1999 |
| State v. Laster green | 1 | 1999–1999 |
| Proko v. State green | 1 | 1994–1994 |
| State v. Sanborn green | 1 | 1990–1990 |
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.