section 12 violative (Florida) · Go Syfert
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section 12 violative in Florida

5 Florida opinions name it 1 courts 1914–1959 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 (3)

CaseFollowedCited
Daniels v. Stategreen
fla · 1909 · cited in 2 Florida opinions naming this issue, 1914–1954
2 sentences

1954See Daniels v. State, 57 Fla. 1 , 48 So. 747 ." The evidence in the Clark case was secured in a bankruptcy proceeding, the bankruptcy act providing that no testimony given by a witness could be used in any criminal proceeding against him.

1914See Daniels v. State, 57 Fla. 1 , 48 South.

22
Clark v. Stategreen
fla · 1914 · cited in 1 Florida opinions naming this issue, 1954–1954
2 sentences

1954See Clark v. State, 1914, 68 Fla. 433, 436 , 67 So. 135, 136 , where this Court reversed a conviction in which was used against the defendant testimony compelled under Federal Bankruptcy law, on the grounds that, "To permit the introduction of such proffered testimony would be violative of the provision of section 12 of the Declaration of Rights in our state Constitution in compelling, indirectly at least, the defendant in a criminal case to be a witness against himself." In accord with this holding is the case of People v. Lay, 193 Mich. 17 , 159 N.W. 299 , L.R.A. 1917B, 608 .

1954See Clark v. State, 1914, 68 Fla. 433, 436 , 67 So. 135, 136 , where this Court reversed a conviction in which was used against the defendant testimony compelled under Federal Bankruptcy law, on the grounds that, "To permit the introduction of such proffered testimony would be violative of the provision of section 12 of the Declaration of Rights in our state Constitution in compelling, indirectly at least, the defendant in a criminal case to be a witness against himself." In accord with this holding is the case of People v. Lay, 193 Mich. 17 , 159 N.W. 299 , L.R.A. 1917B, 608 .

11
People v. Laygreen
mich · 1916 · cited in 1 Florida opinions naming this issue, 1954–1954
2 sentences

1954See Clark v. State, 1914, 68 Fla. 433, 436 , 67 So. 135, 136 , where this Court reversed a conviction in which was used against the defendant testimony compelled under Federal Bankruptcy law, on the grounds that, "To permit the introduction of such proffered testimony would be violative of the provision of section 12 of the Declaration of Rights in our state Constitution in compelling, indirectly at least, the defendant in a criminal case to be a witness against himself." In accord with this holding is the case of People v. Lay, 193 Mich. 17 , 159 N.W. 299 , L.R.A. 1917B, 608 .

1954See Clark v. State, 1914, 68 Fla. 433, 436 , 67 So. 135, 136 , where this Court reversed a conviction in which was used against the defendant testimony compelled under Federal Bankruptcy law, on the grounds that, "To permit the introduction of such proffered testimony would be violative of the provision of section 12 of the Declaration of Rights in our state Constitution in compelling, indirectly at least, the defendant in a criminal case to be a witness against himself." In accord with this holding is the case of People v. Lay, 193 Mich. 17 , 159 N.W. 299 , L.R.A. 1917B, 608 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Corneal v. State Plant Board green
fla · 1957
2 sentences

1959And while not expressly so stated, it is clearly implied in our opinion in Corneal v. State Plant Board, supra, 95 So.2d 1 , that the Board's compulsory program of pull and treat, as therein discussed, was also violative of the mandate of § 12, supra, prohibiting the taking of private property without just compensation.

1959And while not expressly so stated, it is clearly implied in our opinion in Corneal v. State Plant Board, supra, 95 So.2d 1 , that the Board's compulsory program of pull and treat, as therein discussed, was also violative of the mandate of § 12, supra, prohibiting the taking of private property without just compensation.

11959–1959
State Ex Rel. Davis v. City of Pompano neutral
fla · 1933
2 sentences

1947It.may be that a portion of the land annexed might receive some benefit by being within the corporate limits and might be suitable for municipal purposes, but the legislative Act includes such a large portion which is not so suited or benefited and so unwarranted as to render the entire Act void as violative of Section 12 of the Declaration of Rights, Constitution of Florida.” (1933) State, ex rel. v. City of Pompano, 113 Fla. 246 , 151 So. 485 , (per Judge Buford) in quo warranto, approved State, ex rel, v. City of Largo, supra, and State ex rel. vs.

1947It.may be that a portion of the land annexed might receive some benefit by being within the corporate limits and might be suitable for municipal purposes, but the legislative Act includes such a large portion which is not so suited or benefited and so unwarranted as to render the entire Act void as violative of Section 12 of the Declaration of Rights, Constitution of Florida.” (1933) State, ex rel. v. City of Pompano, 113 Fla. 246 , 151 So. 485 , (per Judge Buford) in quo warranto, approved State, ex rel, v. City of Largo, supra, and State ex rel. vs.

11947–1947
City of Winter Park v. State Ex Rel. Attorney General neutral
fla · 1935
2 sentences

1947City of Lake Placid, 109 Fla. 419 , and reiterated the first paragraphs of the Largo case, quoted above, and granted ouster of the lands annexed in 1927. (1935) City of Winter Park v. State, 119 Fla. 343 , 161 So. 386 , (Per Curiam) granted ouster of urban and rural lands annexed in 1925 upon authority of the circumstances recited in the Largo and Avon Park cases, citing them with approval. *883 (1937) State v. Boynton Beach, 129 Fla. 528 , 177 So. 327 , (per Justice TERRELL), in quo warranto, granted ouster of land placed within the City in 1929 by Ch. 8918 and included in the division of the

1947City of Lake Placid, 109 Fla. 419 , and reiterated the first paragraphs of the Largo case, quoted above, and granted ouster of the lands annexed in 1927. (1935) City of Winter Park v. State, 119 Fla. 343 , 161 So. 386 , (Per Curiam) granted ouster of urban and rural lands annexed in 1925 upon authority of the circumstances recited in the Largo and Avon Park cases, citing them with approval. *883 (1937) State v. Boynton Beach, 129 Fla. 528 , 177 So. 327 , (per Justice TERRELL), in quo warranto, granted ouster of land placed within the City in 1929 by Ch. 8918 and included in the division of the

11947–1947
State Ex Rel. Landis v. Town of Boynton Beach green
fla · 1937
2 sentences

1947City of Lake Placid, 109 Fla. 419 , and reiterated the first paragraphs of the Largo case, quoted above, and granted ouster of the lands annexed in 1927. (1935) City of Winter Park v. State, 119 Fla. 343 , 161 So. 386 , (Per Curiam) granted ouster of urban and rural lands annexed in 1925 upon authority of the circumstances recited in the Largo and Avon Park cases, citing them with approval. *883 (1937) State v. Boynton Beach, 129 Fla. 528 , 177 So. 327 , (per Justice TERRELL), in quo warranto, granted ouster of land placed within the City in 1929 by Ch. 8918 and included in the division of the

1947City of Lake Placid, 109 Fla. 419 , and reiterated the first paragraphs of the Largo case, quoted above, and granted ouster of the lands annexed in 1927. (1935) City of Winter Park v. State, 119 Fla. 343 , 161 So. 386 , (Per Curiam) granted ouster of urban and rural lands annexed in 1925 upon authority of the circumstances recited in the Largo and Avon Park cases, citing them with approval. *883 (1937) State v. Boynton Beach, 129 Fla. 528 , 177 So. 327 , (per Justice TERRELL), in quo warranto, granted ouster of land placed within the City in 1929 by Ch. 8918 and included in the division of the

11947–1947
State Ex Rel. Davis v. Town of Lake Placid green
fla · 1933
1 sentence

1947City of Lake Placid, 109 Fla. 419 , and reiterated the first paragraphs of the Largo case, quoted above, and granted ouster of the lands annexed in 1927. (1935) City of Winter Park v. State, 119 Fla. 343 , 161 So. 386 , (Per Curiam) granted ouster of urban and rural lands annexed in 1925 upon authority of the circumstances recited in the Largo and Avon Park cases, citing them with approval. *883 (1937) State v. Boynton Beach, 129 Fla. 528 , 177 So. 327 , (per Justice TERRELL), in quo warranto, granted ouster of land placed within the City in 1929 by Ch. 8918 and included in the division of the

11947–1947

Where else courts name it

MO 5 (1910–1931) FL 5 (1914–1959) MT 2 (1934–1957) KY 2 (1902–1922) CA 2 (1923–1934) AZ 2 (1941–1951) NC 2 (1932–2009)

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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