void-for-vagueness doctrine in Florida

36 Florida opinions name it 3 courts 1980–2019 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.

Followed or applied (23)

Case	Followed	Cited
Sanicola v. Stategreen fla · 1980 · cited in 7 Florida opinions naming this issue, 1981–2003 2 sentences 1997Appellant next argues that the statute is unconstitutionally vague because it “does not contain language sufficiently and reasonably definite to fairly apprise the citizens of Florida as to when they could be charged with possession of a firearm by a violent criminal,” thereby requiring them to “guess as to whom th[e] statute applies.” “A statute will withstand constitutional scrutiny under a void-for-vagueness challenge if it is specific enough to give persons of common intelligence and understanding adequate warning of the proscribed conduct.” Sanicola v. State, 384 So.2d 152, 153 (Fla.1980) 1997“A statute will withstand constitutional scrutiny under a void-for-vagueness challenge if it is specific enough to give persons of common intelligence and understanding adequate warning of the proscribed conduct.” Sanicola v. State, 384 So.2d 152, 153 (Fla.1980) (citations omitted).	4	7
Brown v. Stategreen fla · 1994 · cited in 3 Florida opinions naming this issue, 1997–2001 2 sentences 2001See Brown, 629 So.2d at 842 ; see also Papachristou v. City of Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839 , 31 L.Ed.2d 110 (1972). 1999See State v. Mark Marks, P.A., 698 So.2d 533, 541 (Fla.1997); Brown v. State, 629 So.2d 841, 842 (Fla.1994); State v. Rou, 366 So.2d 385 (Fla.1978).	3	3
Kolender v. Lawsongreen scotus · 1983 · cited in 9 Florida opinions naming this issue, 1992–2005 2 sentences 1998In order to overcome a void-for-vagueness challenge, a criminal statute must define the offense “with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” See Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855, 1858 , 75 L.Ed.2d 903 (1983). 1998In order to overcome a void-for-vagueness challenge, a criminal statute must define the offense “with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement.” See Kolender v. Lawson, 461 U.S. 352, 357 , 103 S.Ct. 1855, 1858 , 75 L.Ed.2d 903 (1983).	2	9
Grayned v. City of Rockfordgreen scotus · 1972 · cited in 4 Florida opinions naming this issue, 1984–1993 2 sentences 1993See generally Grayned v. City of Rockford, 408 U.S. 104, 108-09 , 92 S.Ct. 2294, 2298-99 , 33 L.Ed.2d 222 (1972) (discussing the void-for-vagueness doctrine). 1993See generally Grayned v. City of Rockford, 408 U.S. 104, 108-09 , 92 S.Ct. 2294, 2298-99 , 33 L.Ed.2d 222 (1972) (discussing the void-for-vagueness doctrine).	2	4
Papachristou v. City of Jacksonvillegreen scotus · 1972 · cited in 4 Florida opinions naming this issue, 1984–2001 2 sentences 1984The United States Supreme Court has summed up the void-for-vagueness doctrine in similar language: It is settled that, as a matter of due process, a criminal statute that "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute," United States v. Harriss, 347 U.S. 612, 617 , 74 S.Ct. 808, 812 , 98 L.Ed. 989 (1954), or is so indefinite that "it encourages arbitrary and erratic arrests and convictions," Papachristou v. Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110 (1972), is void for vagueness. 1984The United States Supreme Court has summed up the void-for-vagueness doctrine in similar language: It is settled that, as a matter of due process, a criminal statute that "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute," United States v. Harriss, 347 U.S. 612, 617 , 74 S.Ct. 808, 812 , 98 L.Ed. 989 (1954), or is so indefinite that "it encourages arbitrary and erratic arrests and convictions," Papachristou v. Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110 (1972), is void for vagueness.	1	4
Hoffman Estates v. Flipside, Hoffman Estates, Inc.green scotus · 1982 · cited in 3 Florida opinions naming this issue, 1992–2000 2 sentences 2000See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494-95 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982); accord State v. Hamilton, 388 So.2d 561 (Fla.1980); Wilburn v.. State, 763 So.2d 353, 355 (Fla. 4th DCA 1998). 2000See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494-95 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982); accord State v. Hamilton, 388 So.2d 561 (Fla.1980); Wilburn v.. State, 763 So.2d 353, 355 (Fla. 4th DCA 1998).	1	3
State v. Brakegreen fla · 2001 · cited in 2 Florida opinions naming this issue, 2005–2019 2 sentences 2019See State v. Brake, 796 So. 2d 522, 527 (Fla. 2001) (“In order for a criminal statute to withstand a void-for-vagueness challenge, the language of the statute must provide adequate notice of the conduct it prohibits when measured by common understanding and practice.”). 116 See S.M. v. State, 159 So. 3d 966 , 968 n.1 (Fla. Dist. 2019See State v. Brake, 796 So. 2d 522, 527 (Fla. 2001) (“In order for a criminal statute to withstand a void-for-vagueness challenge, the language of the statute must provide adequate notice of the conduct it prohibits when measured by common understanding and practice.”). 116 See S.M. v. State, 159 So. 3d 966 , 968 n.1 (Fla. Dist.	1	2
Parker v. Levygreen scotus · 1974 · cited in 2 Florida opinions naming this issue, 1994–2004 2 sentences 2004It is well settled that "[w]hen a person has received fair warning from a criminal statute that certain conduct is prohibited, that person may not attack the vagueness of the statute simply because it does not give `similar fair warning with respect to other conduct which might be within its broad and literal ambit.' " Barnes, 686 So.2d at 636 -37 (quoting Parker v. Levy, 417 U.S. 733, 756 , 94 S.Ct. 2547 , 41 L.Ed.2d 439 (1974)). 2004It is well settled that "[w]hen a person has received fair warning from a criminal statute that certain conduct is prohibited, that person may not attack the vagueness of the statute simply because it does not give `similar fair warning with respect to other conduct which might be within its broad and literal ambit.' " Barnes, 686 So.2d at 636 -37 (quoting Parker v. Levy, 417 U.S. 733, 756 , 94 S.Ct. 2547 , 41 L.Ed.2d 439 (1974)).	1	2
S.M. v. Stategreen fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2019–2019 2 sentences 2019See State v. Brake, 796 So. 2d 522, 527 (Fla. 2001) (“In order for a criminal statute to withstand a void-for-vagueness challenge, the language of the statute must provide adequate notice of the conduct it prohibits when measured by common understanding and practice.”). 116 See S.M. v. State, 159 So. 3d 966 , 968 n.1 (Fla. Dist. 2019See State v. Brake, 796 So. 2d 522, 527 (Fla. 2001) (“In order for a criminal statute to withstand a void-for-vagueness challenge, the language of the statute must provide adequate notice of the conduct it prohibits when measured by common understanding and practice.”). 116 See S.M. v. State, 159 So. 3d 966 , 968 n.1 (Fla. Dist.	1	1
Sessions v. Dimayagreen scotus · 2018 · cited in 1 Florida opinions naming this issue, 2018–2018 1 sentence 2018Cf. Dimaya , 138 S.Ct. at 1232 (Gorsuch, J., concurring in part and concurring in judgment) ("The implacable fact is that this isn't your everyday ambiguous statute.	1	1
State v. Barnesgreen fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2004–2004 2 sentences 2004To sustain a void for vagueness claim, Defendants must have established below that the statute "is so vague and lacking in ascertainable standards of guilt that, as applied [to Defendants], it failed to give `a person of ordinary intelligence fair notice that his contemplated conduct is forbidden.'" Palmer v. City of Euclid, 402 U.S. 544, 545 , 91 S.Ct. 1563 , 29 L.Ed.2d 98 (1971) (citations omitted); see also State v. Barnes, 686 So.2d 633, 637 (Fla. 2d DCA 1996). 2004It is well settled that "[w]hen a person has received fair warning from a criminal statute that certain conduct is prohibited, that person may not attack the vagueness of the statute simply because it does not give `similar fair warning with respect to other conduct which might be within its broad and literal ambit.' " Barnes, 686 So.2d at 636 -37 (quoting Parker v. Levy, 417 U.S. 733, 756 , 94 S.Ct. 2547 , 41 L.Ed.2d 439 (1974)).	1	1
State v. Hamiltongreen fla · 1980 · cited in 1 Florida opinions naming this issue, 2000–2000 1 sentence 2000See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494-95 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982); accord State v. Hamilton, 388 So.2d 561 (Fla.1980); Wilburn v.. State, 763 So.2d 353, 355 (Fla. 4th DCA 1998).	1	1
Wilburn v. Stategreen fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2000–2000 1 sentence 2000See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494-95 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982); accord State v. Hamilton, 388 So.2d 561 (Fla.1980); Wilburn v.. State, 763 So.2d 353, 355 (Fla. 4th DCA 1998).	1	1
State v. Mark Marks, PAgreen fla · 1997 · cited in 1 Florida opinions naming this issue, 1999–1999 1 sentence 1999See State v. Mark Marks, P.A., 698 So.2d 533, 541 (Fla.1997); Brown v. State, 629 So.2d 841, 842 (Fla.1994); State v. Rou, 366 So.2d 385 (Fla.1978).	1	1
Trushin v. Stategreen fla · 1982 · cited in 1 Florida opinions naming this issue, 1998–1998 1 sentence 1998“A statute will withstand constitutional scrutiny under a void-for-vagueness challenge if it is specific enough to give persons of common intelligence and understanding adequate warning of the proscribed conduct.” Trushin v. State, 425 So.2d 1126, 1130 (Fla.1982); see Mitro, 700 So.2d 643 ; State v. Conforti, 688 So.2d 350 (Fla. 4th DCA), review denied, 697 So.2d 509 (Fla.1997).	1	1
State v. Mitrogreen fla · 1997 · cited in 1 Florida opinions naming this issue, 1998–1998 1 sentence 1998“A statute will withstand constitutional scrutiny under a void-for-vagueness challenge if it is specific enough to give persons of common intelligence and understanding adequate warning of the proscribed conduct.” Trushin v. State, 425 So.2d 1126, 1130 (Fla.1982); see Mitro, 700 So.2d 643 ; State v. Conforti, 688 So.2d 350 (Fla. 4th DCA), review denied, 697 So.2d 509 (Fla.1997).	1	1
State v. Dickinsongreen fla · 1979 · cited in 1 Florida opinions naming this issue, 1996–1996 1 sentence 1996In State v. Dickinson, 370 So.2d 762, 762-63 (Fla. 1979), we concluded that "Sections 812.012 to 812.028, Florida Statutes (1977), are constitutionally sound because reasonable persons have adequate notice of the types of conduct proscribed by these statutes." Dickinson was charged with dealing in stolen property in violation of section 812.019.	1	1
Greenway v. Stategreen fla · 1982 · cited in 1 Florida opinions naming this issue, 1994–1994 1 sentence 1994"In determining the sufficiency of the notice a statute must of necessity be examined in the light of the conduct with which a defendant is charged." United States v. National Dairy Products Corp., 372 U.S. at 33 , 83 S.Ct. at 598 (citation omitted); see also Parker v. Levy, 417 U.S. 733, 757 , 94 S.Ct. 2547, 2562 , 41 L.Ed.2d 439 (1974); Greenway v. State, 413 So.2d 23, 24 (Fla. 1982); State v. Olson, 586 So.2d 1239, 1242 (Fla. 1st DCA 1991).	1	1
United States v. National Dairy Products Corp.green scotus · 1963 · cited in 1 Florida opinions naming this issue, 1994–1994	1	1
State v. Olsongreen fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1994–1994	1	1
SE FISHERIES v. Dept. of Nat. Resourcesgreen fla · 1984 · cited in 1 Florida opinions naming this issue, 1993–1993	1	1
State v. ELgreen fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 1992–1992	1	1
State v. Wershowgreen fla · 1977 · cited in 1 Florida opinions naming this issue, 1986–1986	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (18)

Case	Cited	Years
Connally v. General Construction Co. green scotus · 1926 2 sentences 1992Hoffman Estates v. Flipside, Hoffman Estates, Inc. [ 455 U.S. 489 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982)], supra; Smith v. Goguen, 415 U.S. 566 , 94 S.Ct. 1242 , 39 L.Ed.2d 605 (1974); Grayned v. City of Rockford, 408 U.S. 104 , 92 S.Ct. 2294 , 33 L.Ed.2d 222 (1972); Papachristou v. City of Jacksonville, 405 U.S. 156 , 92 S.Ct. 839 , 31 L.Ed.2d 110 (1972); Connolly v. General Construction Co., 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926). 1992Hoffman Estates v. Flipside, Hoffman Estates, Inc. [ 455 U.S. 489 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982)], supra; Smith v. Goguen, 415 U.S. 566 , 94 S.Ct. 1242 , 39 L.Ed.2d 605 (1974); Grayned v. City of Rockford, 408 U.S. 104 , 92 S.Ct. 2294 , 33 L.Ed.2d 222 (1972); Papachristou v. City of Jacksonville, 405 U.S. 156 , 92 S.Ct. 839 , 31 L.Ed.2d 110 (1972); Connolly v. General Construction Co., 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926).	3	1991–1992
State v. Rou green fla · 1978 2 sentences 1999See State v. Mark Marks, P.A., 698 So.2d 533, 541 (Fla.1997); Brown v. State, 629 So.2d 841, 842 (Fla.1994); State v. Rou, 366 So.2d 385 (Fla.1978). 1997See Brown v. State, 629 So.2d 841, 842 (Fla.1994); State v. Rou, 366 So.2d 385 (Fla.1978).	2	1997–1999
State v. Mitchell green fladistctapp · 1995 2 sentences 1996Furthermore, "a law is void on its face if it is so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application." Mitchell, 652 So.2d at 477 (quoting Laurence H. 1996Furthermore, “a law is void on its face if it is so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application.” Mitchell, 652 So.2d at 477 (quoting Laurence H.	2	1996–1996
Smith v. Goguen green scotus · 1974 2 sentences 1992Hoffman Estates v. Flipside, Hoffman Estates, Inc. [ 455 U.S. 489 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982)], supra; Smith v. Goguen, 415 U.S. 566 , 94 S.Ct. 1242 , 39 L.Ed.2d 605 (1974); Grayned v. City of Rockford, 408 U.S. 104 , 92 S.Ct. 2294 , 33 L.Ed.2d 222 (1972); Papachristou v. City of Jacksonville, 405 U.S. 156 , 92 S.Ct. 839 , 31 L.Ed.2d 110 (1972); Connolly v. General Construction Co., 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926). 1992Hoffman Estates v. Flipside, Hoffman Estates, Inc. [ 455 U.S. 489 , 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982)], supra; Smith v. Goguen, 415 U.S. 566 , 94 S.Ct. 1242 , 39 L.Ed.2d 605 (1974); Grayned v. City of Rockford, 408 U.S. 104 , 92 S.Ct. 2294 , 33 L.Ed.2d 222 (1972); Papachristou v. City of Jacksonville, 405 U.S. 156 , 92 S.Ct. 839 , 31 L.Ed.2d 110 (1972); Connolly v. General Construction Co., 269 U.S. 385 , 46 S.Ct. 126 , 70 L.Ed. 322 (1926).	2	1992–1992
Glaubius v. State green fla · 1997 1 sentence 2019Ct. App. 2015) (citing § 772.11(1), Fla. Stat. (2012)). 117 See supra note 18 and accompanying text. 118 See supra note 11 and accompanying text. 119 See supra note 17 and accompanying text. 120 Glaubius, 688 So. 2d at 916 . 22 other contexts, Florida laws are much more forgiving where one party is the cause of a lack of evidence favorable to the other party.	1	2019–2019
Skilling v. United States green scotus · 2010 2 sentences 2018In Skilling v. United States , 561 U.S. 358 , 403, 130 S.Ct. 2896 , 177 L.Ed.2d 619 (2010), the Court-in rejecting a void-for-vagueness challenge-recognized that the "case law's current" requires courts if possible "to construe, not condemn, [legislative] enactments." The Court there pointed generally to the well-established rule that "before striking a ... statute as impermissibly vague" courts should "consider whether the prescription is amenable to a limiting construction," id. at 405 , 130 S.Ct. 2896 , and specifically to "the familiar principle that 'ambiguity concerning the ambit of crim 2018In Skilling v. United States , 561 U.S. 358 , 403, 130 S.Ct. 2896 , 177 L.Ed.2d 619 (2010), the Court-in rejecting a void-for-vagueness challenge-recognized that the "case law's current" requires courts if possible "to construe, not condemn, [legislative] enactments." The Court there pointed generally to the well-established rule that "before striking a ... statute as impermissibly vague" courts should "consider whether the prescription is amenable to a limiting construction," id. at 405 , 130 S.Ct. 2896 , and specifically to "the familiar principle that 'ambiguity concerning the ambit of crim	1	2018–2018
Cleveland v. United States green scotus · 2000 2 sentences 2018In Skilling v. United States , 561 U.S. 358 , 403, 130 S.Ct. 2896 , 177 L.Ed.2d 619 (2010), the Court-in rejecting a void-for-vagueness challenge-recognized that the "case law's current" requires courts if possible "to construe, not condemn, [legislative] enactments." The Court there pointed generally to the well-established rule that "before striking a ... statute as impermissibly vague" courts should "consider whether the prescription is amenable to a limiting construction," id. at 405 , 130 S.Ct. 2896 , and specifically to "the familiar principle that 'ambiguity concerning the ambit of crim 2018In Skilling v. United States , 561 U.S. 358 , 403, 130 S.Ct. 2896 , 177 L.Ed.2d 619 (2010), the Court-in rejecting a void-for-vagueness challenge-recognized that the "case law's current" requires courts if possible "to construe, not condemn, [legislative] enactments." The Court there pointed generally to the well-established rule that "before striking a ... statute as impermissibly vague" courts should "consider whether the prescription is amenable to a limiting construction," id. at 405 , 130 S.Ct. 2896 , and specifically to "the familiar principle that 'ambiguity concerning the ambit of crim	1	2018–2018
United States v. Lanier green scotus · 1997 2 sentences 2013The void-for-vagueness doctrine flows from the Due Process Clause of the United States Constitution and “bars enforcement of ‘a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its mean- mg and differ as to its application.’ ” United States v. Lanier, 520 U.S. 259, 266 , 117 S.Ct. 1219 , 137 L.Ed.2d 432 (1997) (quoting Connolly v. Gen. 2013The void-for-vagueness doctrine flows from the Due Process Clause of the United States Constitution and “bars enforcement of ‘a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its mean- mg and differ as to its application.’ ” United States v. Lanier, 520 U.S. 259, 266 , 117 S.Ct. 1219 , 137 L.Ed.2d 432 (1997) (quoting Connolly v. Gen.	1	2013–2013
Palmer v. City of Euclid green scotus · 1971 2 sentences 2004To sustain a void for vagueness claim, Defendants must have established below that the statute "is so vague and lacking in ascertainable standards of guilt that, as applied [to Defendants], it failed to give `a person of ordinary intelligence fair notice that his contemplated conduct is forbidden.'" Palmer v. City of Euclid, 402 U.S. 544, 545 , 91 S.Ct. 1563 , 29 L.Ed.2d 98 (1971) (citations omitted); see also State v. Barnes, 686 So.2d 633, 637 (Fla. 2d DCA 1996). 2004To sustain a void for vagueness claim, Defendants must have established below that the statute "is so vague and lacking in ascertainable standards of guilt that, as applied [to Defendants], it failed to give `a person of ordinary intelligence fair notice that his contemplated conduct is forbidden.'" Palmer v. City of Euclid, 402 U.S. 544, 545 , 91 S.Ct. 1563 , 29 L.Ed.2d 98 (1971) (citations omitted); see also State v. Barnes, 686 So.2d 633, 637 (Fla. 2d DCA 1996).	1	2004–2004
Britt v. State green fladistctapp · 2001 1 sentence 2001In Britt v. State, 775 So.2d 415 (Fla. 1st DCA 2001), this court rejected appellant's void-for-vagueness challenge to the conditions contained in subsections 948.03(5)(a)(2) and (a)(6).	1	2001–2001
Perkins v. State green fla · 1991 1 sentence 1999Perkins, 576 So.2d at 1313 .	1	1999–1999
State v. Conforti green fladistctapp · 1997 1 sentence 1998“A statute will withstand constitutional scrutiny under a void-for-vagueness challenge if it is specific enough to give persons of common intelligence and understanding adequate warning of the proscribed conduct.” Trushin v. State, 425 So.2d 1126, 1130 (Fla.1982); see Mitro, 700 So.2d 643 ; State v. Conforti, 688 So.2d 350 (Fla. 4th DCA), review denied, 697 So.2d 509 (Fla.1997).	1	1998–1998
Brown v. State green fladistctapp · 1992	1	1993–1993
United States v. Evans green scotus · 1948	1	1990–1990
United States v. Harriss green scotus · 1954	1	1984–1984
Reynolds v. State green fla · 1980	1	1981–1981
Roth v. United States green scotus · 1957	1	1980–1980
Sandstrom v. Leader green fla · 1979	1	1980–1980

Statutes the citing opinions construe

FL § 790.001 (3) FL § 817.234 (3)

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.

Where else courts name it

OH 142 (1972–2026) PA 114 (1975–2026) CA 93 (1968–2026) WA 69 (1971–2025) CT 67 (1979–2025) MN 57 (1977–2017) TX 49 (1968–2024) ID 43 (1977–2025) CO 43 (1978–2024) MI 40 (1967–2026) NY 38 (1973–2025) FL 36 (1980–2019) AL 32 (1983–2018) IA 28 (1986–2025) MD 25 (1978–2020) NE 25 (1985–2024) MO 24 (1980–2022) ME 21 (1974–2024) NM 21 (1983–2024) ND 20 (1984–2025) WI 19 (1972–2024) NV 19 (1992–2024) VA 18 (1987–2024) UT 17 (1991–2018) VT 17 (1989–2020) KY 17 (1987–2026) MA 16 (1975–2025) AR 15 (1980–2026) GA 15 (1983–2020) NJ 15 (1968–2021) MS 13 (1976–2021) MT 12 (1985–2020) IL 11 (1978–2021) OK 11 (1994–2018) LA 9 (1986–2023) KS 9 (1989–2026) NC 8 (1999–2026) SC 8 (2007–2025) AK 7 (1969–2024) IN 7 (1992–2024) VI 6 (1995–2015) TN 6 (1996–2025) DC 6 (1975–2023) SD 5 (1983–2015) HI 5 (1981–2016) AZ 5 (1983–2017) RI 4 (1996–2015) OR 3 (1976–1980) WV 3 (1985–2022) DE 2 (1991–1998) GU 2 (2021–2024)

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.

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