parole violation (Florida) · Go Syfert
← Florida issues

parole violation in Florida

30 Florida opinions name it 3 courts 1969–2019 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 (11)

CaseFollowedCited
McCray v. Stategreen
fla · 1997 · cited in 2 Florida opinions naming this issue, 2019–2019
2 sentences

2019See McCray v. State , 699 So. 2d 1366 , 1368 (Fla. 1997) (explaining that the doctrine of laches is properly applied to a habeas petition when a defendant unreasonably delayed in bringing a claim, which prejudiced the State in responding).

2019See McCray v. State , 699 So. 2d 1366 , 1368 (Fla. 1997) (explaining that the doctrine of laches is properly applied to a habeas petition when a defendant unreasonably delayed in bringing a claim, which prejudiced the State in responding).

22
Hayward v. Stategreen
fladistctapp · 1985 · cited in 2 Florida opinions naming this issue, 1985–1986
2 sentences

1986We have previously held that "loss of the parole privilege ... is not occasioned by an independent act of the state which alone exposes the defendant to an otherwise impermissible ex post facto law." Hayward v. State, 467 So.2d 462, 464 (Fla. 2d DCA), petition for review denied, 476 So.2d 674 (Fla. 1985).

1985As recently noted by the Second District Court of Appeal in Hayward v. State, 467 So.2d 462, 464 (Fla. 2d DCA 1985): Although departure from a presumptive sentence in the context of a crime committed prior to October 1, 1983 does disadvantage the defendant through loss of the parole privilege, that loss is not occasioned by an independent act of the state which alone exposes the defendant to an otherwise impermissible ex post facto law. (citations omitted) The inequities of the law as it now stands, [7] particularly in this case, where an armed robber receives a life sentence without parole, r

22
Florida Parole Commission v. Spazianogreen
fla · 2010 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010"A parole hearing is an administrative proceeding" and "it is not part of a criminal prosecution." State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). *725 The majority here concludes, however, that because "challenges to the PPRD" are " analogous to collateral criminal proceedings" they "fall within the exception expressly set forth by the Legislature in section 57.085(10) for `collateral criminal proceedings.'" 48 So.3d at 723 (emphasis added).

11
Scarlet v. Stategreen
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2010–2010
2 sentences

2010"A parole hearing is an administrative proceeding" and "it is not part of a criminal prosecution." State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). *725 The majority here concludes, however, that because "challenges to the PPRD" are " analogous to collateral criminal proceedings" they "fall within the exception expressly set forth by the Legislature in section 57.085(10) for `collateral criminal proceedings.'" 48 So.3d at 723 (emphasis added).

2010“A parole hearing is an administrative proceeding” and “it is not part of a criminal prosecution.” State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)).

11
Schmidt v. Crusoegreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010In reaching this conclusion, the majority relies on our decision in Schmidt v. Crusoe, 878 So.2d 361, 367 (Fla.2003), where we held that "a gain time challenge is analogous to a collateral challenge to a sentence in a criminal proceeding because... the inmate's time in prison is directly affected." (Emphasis added.) But there is no justification for applying the unambiguous exception for "a collateral criminal proceeding" to a proceeding which is not "a collateral criminal proceeding" but which this Court determines to be "analogous" to such proceedings.

11
State v. Scarletgreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2010–2010
2 sentences

2010"A parole hearing is an administrative proceeding" and "it is not part of a criminal prosecution." State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). *725 The majority here concludes, however, that because "challenges to the PPRD" are " analogous to collateral criminal proceedings" they "fall within the exception expressly set forth by the Legislature in section 57.085(10) for `collateral criminal proceedings.'" 48 So.3d at 723 (emphasis added).

2010“A parole hearing is an administrative proceeding” and “it is not part of a criminal prosecution.” State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)).

11
Hendrix v. Stategreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 1991–1991
11
Greenholtz v. Inmates of the Nebraska Penal & Correctional Complexgreen
scotus · 1979 · cited in 1 Florida opinions naming this issue, 1983–1983
11
People v. Terlisnergreen
michctapp · 1980 · cited in 1 Florida opinions naming this issue, 1980–1980
11
Dennis v. Stategreen
ind · 1952 · cited in 1 Florida opinions naming this issue, 1980–1980
11
People v. Holmesgreen
ill · 1977 · cited in 1 Florida opinions naming this issue, 1980–1980
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 (51)

CaseCitedYears
Morrissey v. Brewer green
scotus · 1972
2 sentences

2008"What is needed is an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee's behavior." Morrissey, 408 U.S. at 484 , 92 S.Ct. 2593 .

2008"What is needed is an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee's behavior." Morrissey, 408 U.S. at 484 , 92 S.Ct. 2593 .

31974–2008
Pennsylvania Bd. of Probation and Parole v. Scott green
scotus · 1998
2 sentences

2001A parole hearing is an administrative proceeding conducted by non-lawyers in a non-judicial setting; "traditional rules of evidence generally do not apply." Id. at 366 , 524 U.S. 357 , 118 S.Ct. 2014 , 141 L.Ed.2d 344 .

2001A parole hearing is an administrative proceeding conducted by non-lawyers in a non-judicial setting; "traditional rules of evidence generally do not apply." Id. at 366 , 524 U.S. 357 , 118 S.Ct. 2014 , 141 L.Ed.2d 344 .

22000–2001
Richardson v. State green
fladistctapp · 1983
2 sentences

1994Richardson, like Kirkland, wanted the new sentence to "run concurrently with any sentence received for the parole violation in New Jersey." 432 So.2d at 751 .

1993Ramos v. State, 513 So.2d 1097 (Fla.2d DCA 1987); Richardson v. State, 432 So.2d 750 (Fla.2d DCA 1983).

21993–1994
Hamilton v. State neutral
fla · 1989
2 sentences

1991Pope v. State, 561 So.2d 554 (Fla.1990); Hamilton v. State, 548 So.2d 234 (Fla.1989).

1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926

21991–1991
Gaddy v. Turner green
fladistctapp · 1979
2 sentences

1982He nevertheless asserts that Kentucky, by statutory amendment, has specifically included parole and probation violation detainers within the coverage of its IAD, and that since at least one Florida court, in Gaddy v. Turner, 376 So.2d 1225 (Fla. 2nd DCA 1979), has recognized the application of Florida's IAD to detainers based on probation violations, this court can and should extend the application of Florida's IAD to detainers based on parole violations.

1981The trial court held that under Gaddy v. Turner, 376 So.2d 1225 (Fla.2d DCA 1979), the state had violated appellee's rights by failing to hold a hearing pursuant to appellee's request of September 12, 1978 for final disposition of the warrant within one hundred eighty days as required by section 941.45(3)(a) Florida Statutes.

21981–1982
Miller v. Alabama green
scotus · 2012
2 sentences

2016Thus, while technically Atwell is parole-eligible, it is a virtual certainty that Atwell will spend the rest of his life in prison. : The issue we consider is whether At-well’s sentence for first-degree murder is constitutional, in light of the United States Supreme Court’s decision in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), which held that the Eighth Amendment “forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” We conclude that Florida’s existing parole system, as set forth by statute, does not pr

2016Thus, while technically Atwell is parole-eligible, it is a virtual certainty that Atwell will spend the rest of his life in prison. : The issue we consider is whether At-well’s sentence for first-degree murder is constitutional, in light of the United States Supreme Court’s decision in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), which held that the Eighth Amendment “forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” We conclude that Florida’s existing parole system, as set forth by statute, does not pr

12016–2016
Bernhardt v. State green
fla · 1974
1 sentence

2008Acknowledging these due process requirements, this Court stated, "[T]he evidence upon which to predicate a revocation introduced at the hearing must be sufficient to satisfy the conscience of the court that a condition of probation has been violated." Bernhardt, 288 So.2d at 495 .

12008–2008
Sims v. State green
fla · 1996
1 sentence

2003Id. at 1115 .

12003–2003
Girtman v. State green
fladistctapp · 1993
1 sentence

2000Cf. Girtman v. State, 617 So.2d 1168 (Fla. 5th DCA 1993).

12000–2000
Ramos v. State green
fladistctapp · 1987
1 sentence

1993Ramos v. State, 513 So.2d 1097 (Fla.2d DCA 1987); Richardson v. State, 432 So.2d 750 (Fla.2d DCA 1983).

11993–1993
Deer v. State green
fladistctapp · 1985
1 sentence

1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926

11991–1991
Keys v. State neutral
fladistctapp · 1985
1 sentence

1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926

11991–1991
Roberts v. State neutral
fladistctapp · 1990
1 sentence

1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R.

11991–1991
Eldridge v. State neutral
fladistctapp · 1988
11991–1991
Hankey v. State green
fladistctapp · 1984
11991–1991
Young v. State green
fladistctapp · 1988
11991–1991
Frierson v. State green
fladistctapp · 1987
11991–1991
Pope v. State green
fla · 1990
11991–1991
Lambert v. State green
fla · 1989
11991–1991
McCuiston v. State green
fla · 1988
11991–1991
Hamilton v. State green
fladistctapp · 1988
11991–1991
Wesson v. State green
fladistctapp · 1989
11991–1991
State v. Frierson neutral
fla · 1989
11991–1991
Eldridge v. State neutral
fla · 1989
1 sentence

1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926

11991–1991
Jackson v. State neutral
fladistctapp · 1990
1 sentence

1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R.

11991–1991
Wesson v. State green
fla · 1990
1 sentence

1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926

11991–1991
Glenn v. State neutral
fladistctapp · 1990
1 sentence

1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R.

11991–1991
Watson v. State green
fladistctapp · 1990
1 sentence

1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R.

11991–1991
Ramsey v. State neutral
fladistctapp · 1990
1 sentence

1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R.

11991–1991
Ree v. State green
fla · 1990
1 sentence

1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R.

11991–1991
Ricketson v. State green
fladistctapp · 1990
1 sentence

1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R.

11991–1991
Maddox v. State green
fladistctapp · 1989
11991–1991
Dewberry v. State green
fla · 1989
1 sentence

1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R.

11991–1991
Hankey v. State green
fla · 1986
11991–1991
Lerma v. State green
fladistctapp · 1985
11991–1991
Deer v. State green
fla · 1985
11991–1991
Lerma v. State green
fla · 1986
1 sentence

1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926

11991–1991
Keys v. State green
fla · 1986
11991–1991
Hendrix v. State green
fladistctapp · 1984
2 sentences

1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926

1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926

11991–1991
State v. Green green
fla · 1982
11985–1985

Statutes the citing opinions construe

FL § 947.23 (5) FL § 947.16 (3) FL § 947.172 (3) FL § 947.22 (3) FL § 948.01 (3) FL § 948.06 (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

CA 380 (1964–2026) PA 321 (1953–2026) NY 314 (1963–2025) TX 162 (1981–2026) OH 105 (1977–2026) IL 59 (1974–2025) NJ 54 (1962–2026) OR 50 (1974–2026) MI 49 (1957–2024) WA 33 (1969–2024) CO 32 (1975–2025) FL 30 (1969–2019) CT 30 (1989–2020) UT 28 (1983–2025) ID 26 (1971–2025) MA 26 (1969–2024) WI 26 (1974–2025) MO 26 (1974–2025) NV 24 (1974–2021) KS 24 (1978–2024) NM 23 (1972–2023) AL 22 (1965–2015) IN 22 (1978–2026) MD 22 (1975–2025) LA 20 (1976–2025) IA 19 (1968–2025) TN 19 (1989–2026) MS 18 (1990–2018) AZ 17 (1973–2021) AK 17 (1974–2026) SC 15 (1950–2023) GA 12 (1975–2026) WY 12 (1975–2018) KY 11 (1964–2026) MT 10 (1961–2021) AR 9 (1999–2022) DC 9 (1981–2025) WV 8 (1986–2021) HI 8 (1994–2008) OK 7 (1915–1999) VA 7 (1968–2015) VT 7 (1985–2025) NH 6 (2009–2021) NE 6 (1992–2023) SD 5 (1979–2024) ME 4 (1975–2010) MN 4 (1982–2007) DE 4 (1984–2022) RI 4 (1978–2018) NC 3 (2009–2017) ND 3 (1951–2025)

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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