Chicone instruction (Florida) · Go Syfert
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Chicone instruction in Florida

20 Florida opinions name it 2 courts 2000–2012 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
Scott v. Stateyellow
fla · 2002 · cited in 7 Florida opinions naming this issue, 2002–2003
2 sentences

2002Second, as I stated in my dissenting opinion in Scott v. State, 808 So.2d at 172 I again express concern regarding the applicability of the Chicone instruction and the Medlin presumption to cases of actual or constructive possession.

2002See Scott v. State, 808 So.2d 166 (Fla.2002)(holding that failure to give a properly requested Chicone instruction cannot be harmless error).

37
Standard Jury Instructions in Crim. Casesgreen
fla · 1997 · cited in 3 Florida opinions naming this issue, 2002–2003
2 sentences

2002See Standard Jury Instructions in Criminal Cases (97-1), 697 So.2d 84, 87 (Fla.1997) (adopting Chicone instruction, effective July 10, 1997).

2002See Standard Jury Instructions in Criminal Cases (97-1), 697 So.2d 84, 87 (Fla.1997) (adopting Chicone instruction, effective July 10, 1997).

33
Grant v. Stategreen
fladistctapp · 2002 · cited in 2 Florida opinions naming this issue, 2007–2012
2 sentences

2012See Nedd v. State, 965 So.2d 1287, 1288 (Fla. 2d DCA 2007); Grant v. State, 815 So.2d 667, 668 (Fla. 2d DCA 2002).

2007See id. at 580 ; see also Grant v. State, 815 So.2d 667 (Fla. 2d DCA 2002) (reversing delivery conviction for failure to give requested Chicone instruction).

22
Nedd v. Stategreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012See Nedd v. State, 965 So.2d 1287, 1288 (Fla. 2d DCA 2007); Grant v. State, 815 So.2d 667, 668 (Fla. 2d DCA 2002).

2012See Nedd v. State, 965 So.2d 1287, 1288 (Fla. 2d DCA 2007); Grant v. State, 815 So.2d 667, 668 (Fla. 2d DCA 2002).

11
Abbott v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See id. at 580 ; see also Grant v. State, 815 So.2d 667 (Fla. 2d DCA 2002) (reversing delivery conviction for failure to give requested Chicone instruction).

11
Bolender v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2006–2006
2 sentences

2006See Bolender v. State, 658 So.2d 82, 85 (Fla.1995).

2006See Bolender v. State, 658 So.2d 82, 85 (Fla.1995).

11
Rhinehart v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2003–2003
2 sentences

2003Davis v. State, 839 So.2d 734 (Fla. 4th DCA 2003); see also Rhinehart v. State, 840 So.2d 456 (Fla. 4th DCA 2003) (failure to give Chicone instruction was not fundamental error where appellant did not present any evidence or argue that he did not know the illicit nature of the substance he delivered).

2003Davis v. State, 839 So.2d 734 (Fla. 4th DCA 2003); see also Rhinehart v. State, 840 So.2d 456 (Fla. 4th DCA 2003) (failure to give Chicone instruction was not fundamental error where appellant did not present any evidence or argue that he did not know the illicit nature of the substance he delivered).

11
Jackson v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Weekly D1557 , D1557, ___ So.2d ___, ___, 2002 WL 1430482 (Fla. 4th DCA July 3, 2002) ("Further, this court in Gary, citing Scott, held that the failure to instruct the jury on a requested Chicone instruction cannot be considered harmless error.").

11
Scott v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2002–2002
2 sentences

2002See Scott v. State, 722 So.2d 256 (Fla. 5th DCA 1998); see also Leaks v. State, 748 So.2d 285 (Fla. 2d DCA 1998).

2002See Scott v. State, 722 So.2d 256 (Fla. 5th DCA 1998); see also Leaks v. State, 748 So.2d 285 (Fla. 2d DCA 1998).

11
Forget v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Cf. Forget v. State, 782 So.2d 410, 412-13 (Fla. 2d DCA 2001) (stating that trial counsel’s failure to request a jury instruction requiring the state to establish the defendant’s knowledge of the presence of cocaine residue in a pipe found on his person constituted ineffective assistance of counsel).

11
Leaks v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2002–2002
2 sentences

2002See Scott v. State, 722 So.2d 256 (Fla. 5th DCA 1998); see also Leaks v. State, 748 So.2d 285 (Fla. 2d DCA 1998).

2002See Scott v. State, 722 So.2d 256 (Fla. 5th DCA 1998); see also Leaks v. State, 748 So.2d 285 (Fla. 2d DCA 1998).

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 (6)

CaseCitedYears
Lee v. State green
fladistctapp · 2002
2 sentences

2003Pursuant to this court's recent decision in Lee v. State, 835 So.2d 1177 (Fla. 4th DCA 2002), we find that this was not fundamental error.

2003Pursuant to this court's recent decision in Lee v. State, 835 So.2d 1177 (Fla. 4th DCA 2002), we find that this was not fundamental error.

12003–2003
Davis v. State green
fladistctapp · 2003
2 sentences

2003Davis v. State, 839 So.2d 734 (Fla. 4th DCA 2003); see also Rhinehart v. State, 840 So.2d 456 (Fla. 4th DCA 2003) (failure to give Chicone instruction was not fundamental error where appellant did not present any evidence or argue that he did not know the illicit nature of the substance he delivered).

2003Davis v. State, 839 So.2d 734 (Fla. 4th DCA 2003); see also Rhinehart v. State, 840 So.2d 456 (Fla. 4th DCA 2003) (failure to give Chicone instruction was not fundamental error where appellant did not present any evidence or argue that he did not know the illicit nature of the substance he delivered).

12003–2003
Gaines v. State green
fladistctapp · 1998
1 sentence

2002The Fifth District rejected this argument, concluding that "the supreme court has not yet decided whether a special instruction concerning [a] defendant's knowledge is required if he challenges only his possession of the substance." Scott, 722 So.2d at 257 .

12002–2002
McMillon v. State green
fla · 2002
2 sentences

2002"Giving both instructions preserves the State's obligation to prove every element of its case without diminishing the importance of the presumption that logically flows from a defendant's actual possession of a controlled substance." McMillon, 813 So.2d at 58 .

2002"Giving both instructions preserves the State's obligation to prove every element of its case without diminishing the importance of the presumption that logically flows from a defendant's actual possession of a controlled substance." McMillon, 813 So.2d at 58 .

12002–2002
Ryals v. State green
fladistctapp · 1998
2 sentences

2001NOTES [1] Although we found the failure to give a Chicone instruction harmless in Ryals v. State, 716 So.2d 313 (Fla. 4th DCA 1998), we did so under the erroneous assumption that the burden was on the appellant to demonstrate that the error was prejudicial under section 924.051(7), Florida Statutes (Supp.1996).

2001NOTES [1] Although we found the failure to give a Chicone instruction harmless in Ryals v. State, 716 So.2d 313 (Fla. 4th DCA 1998), we did so under the erroneous assumption that the burden was on the appellant to demonstrate that the error was prejudicial under section 924.051(7), Florida Statutes (Supp.1996).

12001–2001
Williamson v. State green
fladistctapp · 1999
1 sentence

2000This court reached a similar conclusion in Williamson v. State, 764 So.2d 22 (Fla. 2d DCA), rev. granted, 744 So.2d 457 (Fla.1999), in which we held that failure to give a requested Chicone instruction could not be considered harmless when the defendant claimed that he did not know what substance was in the bottle of pills he stole from a burglarized home.

12000–2000

Statutes the citing opinions construe

FL § 893.13 (5) FL § 893.101 (4)

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.

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