Hall claim in Florida

20 Florida opinions name it 2 courts 1984–2024 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.

Followed or applied (10)

Case	Followed	Cited
Dawkins, Inc. v. Huffgreen fladistctapp · 2003 · cited in 3 Florida opinions naming this issue, 2019–2019 2 sentences 2019See Dawkins, Inc. v. Huff , 836 So.2d 1062 , 1065 (Fla. 5th DCA 2003) ("[W]e must dismiss this appeal. 2019See Dawkins, Inc. v. Huff , 836 So.2d 1062 , 1065 (Fla. 5th DCA 2003) ("[W]e must dismiss this appeal.	3	3
Hall v. Floridagreen scotus · 2014 · cited in 2 Florida opinions naming this issue, 2016–2023 2 sentences 2023This Court affirmed the postconviction court’s summary denial of the Hall claim in Zack III, explaining that Zack was unable to “present additional evidence of intellectual disability” because his “I.Q. test score falls within the test’s acknowledged and inherent margin of error.” Id. at 46 (quoting Hall, 572 U.S. at 723 ). 2023This Court affirmed the postconviction court’s summary denial of the Hall claim in Zack III, explaining that Zack was unable to “present additional evidence of intellectual disability” because his “I.Q. test score falls within the test’s acknowledged and inherent margin of error.” Id. at 46 (quoting Hall, 572 U.S. at 723 ).	1	2
Blanco v. Stategreen fla · 1997 · cited in 1 Florida opinions naming this issue, 2017–2017 2 sentences 2017This Court has rejected the argument that Florida’s capital sentencing scheme is unconstitutional because it provides for an automatic aggravating circumstance and neither “narrow[s] the class of persons eligible for the death penalty” nor “reasonably justifies] the imposition of a more severe sentence on the defendant compared to others found guilty of murder.” Parker v. State, 873 So.2d 270 , 286 n.12 (Fla. 2004) (alterations in original) (quoting Zant v. Stephens, 462 U.S. 862, 877 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983)); see Blanco v. State, 706 So.2d 7, 11 (Fla. 1997). 2017This Court has rejected the argument that Florida’s capital sentencing scheme is unconstitutional because it provides for an automatic aggravating circumstance and neither “narrow[s] the class of persons eligible for the death penalty” nor “reasonably justif[ies] the imposition of a more severe sentence on the defendant compared to others found guilty of murder.” Parker v. State, 873 So. 2d 270 , 286 n.12 (Fla. 2004) (alterations in original) (quoting Zant v. Stephens, 462 U.S. 862, 877 (1983)); see Blanco v. State, 706 So. 2d 7, 11 (Fla. 1997).	1	1
Zant v. Stephensgreen scotus · 1983 · cited in 1 Florida opinions naming this issue, 2017–2017 2 sentences 2017This Court has rejected the argument that Florida’s capital sentencing scheme is unconstitutional because it provides for an automatic aggravating circumstance and neither “narrow[s] the class of persons eligible for the death penalty” nor “reasonably justifies] the imposition of a more severe sentence on the defendant compared to others found guilty of murder.” Parker v. State, 873 So.2d 270 , 286 n.12 (Fla. 2004) (alterations in original) (quoting Zant v. Stephens, 462 U.S. 862, 877 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983)); see Blanco v. State, 706 So.2d 7, 11 (Fla. 1997). 2017This Court has rejected the argument that Florida’s capital sentencing scheme is unconstitutional because it provides for an automatic aggravating circumstance and neither “narrow[s] the class of persons eligible for the death penalty” nor “reasonably justif[ies] the imposition of a more severe sentence on the defendant compared to others found guilty of murder.” Parker v. State, 873 So. 2d 270 , 286 n.12 (Fla. 2004) (alterations in original) (quoting Zant v. Stephens, 462 U.S. 862, 877 (1983)); see Blanco v. State, 706 So. 2d 7, 11 (Fla. 1997).	1	1
Cherry v. Statered fla · 2007 · cited in 1 Florida opinions naming this issue, 2016–2016 2 sentences 2016See, e.g., Cherry v. State, 959 So. 2d 702, 712-13 (Fla. 2007) (holding that a person whose test score is above 70, including a score within the margin for measurement error, does not have an intellectual disability and is barred from presenting other evidence that would show his faculties are limited), cert. denied, 552 U.S. 993 (2007), abrogated by Hall v. - 22 - Florida, 134 S. Ct. 1986 (2014). 2016See, e.g., Cherry v. State, 959 So.2d 702, 712-13 (Fla.2007) (holding that a person whose test score is above 70, including a score within the margin for measurement error, does not have an intellectual disability and is barred from presenting other evidence that would show his faculties are limited), cert. denied, 552 U.S. 993 , 128 S.Ct. 490 , 169 L.Ed.2d 344 (2007), abrogated by Hall v. Florida, — U.S. —, 134 S.Ct. 1986 , 188 L.Ed.2d 1007 (2014).	1	1
Hall v. Stategreen fla · 2012 · cited in 1 Florida opinions naming this issue, 2016–2016 2 sentences 2016Hall IX, 109 So. 3d at 712-14 (Pariente, J., concurring) (noting that “in 2010, there was a true adversarial testing of whether Hall was [intellectually disabled] under Florida’s statutory definition.”). 2016Hall IX, 109 So.3d at 712-14 (Pariente, J., concurring) (noting that “in 2010, there was a true adversarial testing of whether Hall was [intellectually disabled] under Florida’s statutory definition.”).	1	1
Wilson v. Stategreen fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001See Pearson v. Moore, 767 So.2d 1235, 1239 (Fla. 1st DCA 2000) (“As part of the executive branch, DOC lacks the power to adjudicate the legality of a sentence or to add or delete sentencing conditions.”); Slay v. Singletary, 676 So.2d 456, 457 (Fla. 1st DCA 1996) (en banc), aff'd, 688 So.2d 319 (Fla.1997) (“[T]he Department of Corrections lacks the authority to correct an illegal sentence or render the illegality harmless.”); Wilson v. State, 603 So.2d 93, 94 (Fla. 5th DCA 1992) (holding that “the award of the credit is a judicial task to be accomplished at sentencing rather than an administra	1	1
Pearson v. Mooregreen fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001See Pearson v. Moore, 767 So.2d 1235, 1239 (Fla. 1st DCA 2000) (“As part of the executive branch, DOC lacks the power to adjudicate the legality of a sentence or to add or delete sentencing conditions.”); Slay v. Singletary, 676 So.2d 456, 457 (Fla. 1st DCA 1996) (en banc), aff'd, 688 So.2d 319 (Fla.1997) (“[T]he Department of Corrections lacks the authority to correct an illegal sentence or render the illegality harmless.”); Wilson v. State, 603 So.2d 93, 94 (Fla. 5th DCA 1992) (holding that “the award of the credit is a judicial task to be accomplished at sentencing rather than an administra	1	1
Slay v. Singletarygreen fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2001–2001 1 sentence 2001See Pearson v. Moore, 767 So.2d 1235, 1239 (Fla. 1st DCA 2000) (“As part of the executive branch, DOC lacks the power to adjudicate the legality of a sentence or to add or delete sentencing conditions.”); Slay v. Singletary, 676 So.2d 456, 457 (Fla. 1st DCA 1996) (en banc), aff'd, 688 So.2d 319 (Fla.1997) (“[T]he Department of Corrections lacks the authority to correct an illegal sentence or render the illegality harmless.”); Wilson v. State, 603 So.2d 93, 94 (Fla. 5th DCA 1992) (holding that “the award of the credit is a judicial task to be accomplished at sentencing rather than an administra	1	1
Francisco v. Victoria Marine Shippinggreen fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1988–1988	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 (25)

Case	Cited	Years
Hall v. State green fla · 1999 2 sentences 2016In finding that the trial court properly denied Hall’s claim that the court erred in finding him competent to proceed at the resentencing, this Court stated “While there is no doubt that [Hall] has serious mental difficulties, is probably somewhat retarded, and certainly has learning difficulties and a speech impediment, the Court finds that [Hall] was competent at the resentencing hearings.” Id. at 229 . 2012In finding that the trial court properly denied Hall’s claim that the court erred in finding him competent to proceed at the resentencing, we stated “While there is no doubt that [Hall] has serious mental difficulties, is probably somewhat retarded, and certainly has learning difficulties and a speech impediment, the Court finds that [Hall] was competent at the resentencing hearings.” Id. at 229 .	2	2012–2016
Stano v. State green fla · 1985 2 sentences 1990Way v. State, 496 So.2d 126 (Fla.1986); Stano v. State, 473 So.2d 1282 (Fla.1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla.1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 -(1984). 1990Way v. State, 496 So.2d 126 (Fla. 1986); Stano v. State, 473 So.2d 1282 (Fla. 1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 (1984).	2	1990–1990
Way v. State green fla · 1986 2 sentences 1990Way v. State, 496 So.2d 126 (Fla.1986); Stano v. State, 473 So.2d 1282 (Fla.1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla.1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 -(1984). 1990Way v. State, 496 So.2d 126 (Fla. 1986); Stano v. State, 473 So.2d 1282 (Fla. 1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 (1984).	2	1990–1990
Kinnett Dairies, Inc. v. Dairymen, Inc. green scotus · 1984 2 sentences 1990Way v. State, 496 So.2d 126 (Fla.1986); Stano v. State, 473 So.2d 1282 (Fla.1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla.1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 -(1984). 1990Way v. State, 496 So.2d 126 (Fla. 1986); Stano v. State, 473 So.2d 1282 (Fla. 1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 (1984).	2	1990–1990
Johnson v. State green fla · 1983 2 sentences 1990Way v. State, 496 So.2d 126 (Fla.1986); Stano v. State, 473 So.2d 1282 (Fla.1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla.1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 -(1984). 1990Way v. State, 496 So.2d 126 (Fla. 1986); Stano v. State, 473 So.2d 1282 (Fla. 1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 (1984).	2	1990–1990
McKenna v. Nevada green scotus · 1986 2 sentences 1990Way v. State, 496 So.2d 126 (Fla.1986); Stano v. State, 473 So.2d 1282 (Fla.1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla.1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 -(1984). 1990Way v. State, 496 So.2d 126 (Fla. 1986); Stano v. State, 473 So.2d 1282 (Fla. 1985), cert. denied, 474 U.S. 1093 , 106 S.Ct. 869 , 88 L.Ed.2d 907 (1986); Johnson v. State, 438 So.2d 774 (Fla. 1983), cert. denied, 465 U.S. 1051 , 104 S.Ct. 1329 , 79 L.Ed.2d 724 (1984).	2	1990–1990
Whren v. United States green scotus · 1996 1 sentence 2024This was error. 2 As this Court explained in State v. Hickman, 363 So. 3d 217 , 218 (Fla. 6th DCA 2023), review denied, No. SC2023-0744, 2023 WL 5274212 (Fla. Aug. 16, 2023), a law enforcement officer’s subjective intent in stopping a driver is irrelevant to the determination of whether probable cause existed to support the stop: Thus, when addressing the constitutional validity of a traffic stop, Florida courts employ a “strict objective test which asks only whether any probable cause for the [traffic] stop existed.” Holland [v. State], 696 So. 2d [757] at 759 [Fla. 1997] (citing Whren [v. Un	1	2024–2024
Huff v. State green fla · 1993 2 sentences 2023As this Court further explained, - 14 - At the Huff [v. State, 622 So. 2d 982 (Fla. 1993)] hearing, Zack presented his full range of scores, as well as evidence of adaptive deficits before age 18. 2023As this Court further explained, - 14 - At the Huff [v. State, 622 So. 2d 982 (Fla. 1993)] hearing, Zack presented his full range of scores, as well as evidence of adaptive deficits before age 18.	1	2023–2023
& SC16-1090 Michael Duane Zack, III v. State of Florida and Michael Duane Zack, III v. Julie L. Jones, etc. green fla · 2017 2 sentences 2023This Court affirmed the postconviction court’s summary denial of the Hall claim in Zack III, explaining that Zack was unable to “present additional evidence of intellectual disability” because his “I.Q. test score falls within the test’s acknowledged and inherent margin of error.” Id. at 46 (quoting Hall, 572 U.S. at 723 ). 2023This Court affirmed the postconviction court’s summary denial of the Hall claim in Zack III, explaining that Zack was unable to “present additional evidence of intellectual disability” because his “I.Q. test score falls within the test’s acknowledged and inherent margin of error.” Id. at 46 (quoting Hall, 572 U.S. at 723 ).	1	2023–2023
Parker v. State green fla · 2004 2 sentences 2017This Court has rejected the argument that Florida’s capital sentencing scheme is unconstitutional because it provides for an automatic aggravating circumstance and neither “narrow[s] the class of persons eligible for the death penalty” nor “reasonably justifies] the imposition of a more severe sentence on the defendant compared to others found guilty of murder.” Parker v. State, 873 So.2d 270 , 286 n.12 (Fla. 2004) (alterations in original) (quoting Zant v. Stephens, 462 U.S. 862, 877 , 103 S.Ct. 2733 , 77 L.Ed.2d 235 (1983)); see Blanco v. State, 706 So.2d 7, 11 (Fla. 1997). 2017This Court has rejected the argument that Florida’s capital sentencing scheme is unconstitutional because it provides for an automatic aggravating circumstance and neither “narrow[s] the class of persons eligible for the death penalty” nor “reasonably justif[ies] the imposition of a more severe sentence on the defendant compared to others found guilty of murder.” Parker v. State, 873 So. 2d 270 , 286 n.12 (Fla. 2004) (alterations in original) (quoting Zant v. Stephens, 462 U.S. 862, 877 (1983)); see Blanco v. State, 706 So. 2d 7, 11 (Fla. 1997).	1	2017–2017
Sonny Boy Oats, Jr. v. State of Florida green fla · 2015 1 sentence 2017The facts in this case—specifically the findings made after the prior evidentiary hearing as to each prong of intellectual disability—distinguish this case from the clear Hall error this Court found in Oats, 181 So.3d at 471 , and Cardona, 185 So.3d at 527 .	1	2017–2017
Hurst v. Florida green scotus · 2016 2 sentences 2017Rodriguez also filed in this Court a motion requesting permission for supplemental briefing on Hurst v. Florida, — U.S. -, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), which was decided January 12, 2016. 2017Rodriguez also filed in this Court a motion requesting permission for supplemental briefing on Hurst v. Florida, — U.S. -, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), which was decided January 12, 2016.	1	2017–2017
Ana Maria Cardona v. State of Florida green fla · 2016 1 sentence 2017The facts in this case—specifically the findings made after the prior evidentiary hearing as to each prong of intellectual disability—distinguish this case from the clear Hall error this Court found in Oats, 181 So.3d at 471 , and Cardona, 185 So.3d at 527 .	1	2017–2017
Atkins v. Virginia green scotus · 2002 2 sentences 2012After Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002), was decided, Hall filed a motion to declare section 921.137, Florida Statutes (2004), 1 unconstitutional. 2012After Atkins v. Virginia, 536 U.S. 304 , 122 S.Ct. 2242 , 153 L.Ed.2d 335 (2002), was decided, Hall filed a motion to declare section 921.137, Florida Statutes (2004), 1 unconstitutional.	1	2012–2012
State v. Gantt green fladistctapp · 1997 1 sentence 2005In granting Mr. Hall’s motion, the trial court relied principally on State v. Gantt, 688 So.2d 1012 (Fla. 3d DCA 1997).	1	2005–2005
Smith v. State green fladistctapp · 1994 1 sentence 2002(Citations omitted.) The trial court denied Hall's claim, stating that he "is not entitled to control release as he has been convicted of sexual battery." However, Smith states that the purpose is "to preserve the appellant's entitlement, if any, to control release." Smith, 632 So.2d at 97 .	1	2002–2002
Singletary v. Slay green fla · 1997 1 sentence 2001See Pearson v. Moore, 767 So.2d 1235, 1239 (Fla. 1st DCA 2000) (“As part of the executive branch, DOC lacks the power to adjudicate the legality of a sentence or to add or delete sentencing conditions.”); Slay v. Singletary, 676 So.2d 456, 457 (Fla. 1st DCA 1996) (en banc), aff'd, 688 So.2d 319 (Fla.1997) (“[T]he Department of Corrections lacks the authority to correct an illegal sentence or render the illegality harmless.”); Wilson v. State, 603 So.2d 93, 94 (Fla. 5th DCA 1992) (holding that “the award of the credit is a judicial task to be accomplished at sentencing rather than an administra	1	2001–2001
Gordon v. Sanders neutral fladistctapp · 1997 1 sentence 2001Mayolo v. State, 692 So.2d 939 (Fla. 4th DCA 1997).	1	2001–2001
State v. Brown green fladistctapp · 1993 1 sentence 1994In the instant case, the court below should have treated Hall's motion as if filed pursuant to rule 3.850. [1] See Young v. State, 619 So.2d 378 (Fla. 2d DCA 1993); DeSantis v. State, 400 So.2d 525 (Fla. 5th DCA 1981).	1	1994–1994
DeSantis v. State green fladistctapp · 1981 1 sentence 1994In the instant case, the court below should have treated Hall's motion as if filed pursuant to rule 3.850. [1] See Young v. State, 619 So.2d 378 (Fla. 2d DCA 1993); DeSantis v. State, 400 So.2d 525 (Fla. 5th DCA 1981).	1	1994–1994
Hall v. State green fla · 1982 1 sentence 1989Hall v. State, 420 So.2d 872 (Fla. 1982) ( Hall II).	1	1989–1989
Witt v. State green fla · 1980	1	1987–1987
Jarrett v. Jarrett green scotus · 1980	1	1987–1987
Adams v. Peat, Marwick, Mitchell & Co. green scotus · 1980	1	1987–1987
Robinson v. Hanrahan green scotus · 1972	1	1984–1984

Statutes the citing opinions construe

FL § 921.141 (4) FL § 921.137 (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

TX 47 (1960–2026) CA 40 (1954–2026) KS 30 (1992–2022) OH 23 (2001–2025) FL 20 (1984–2024) IN 17 (1989–2026) GA 17 (1980–2026) WA 14 (1973–2025) AL 12 (1989–2025) OR 12 (2010–2021) KY 11 (1942–2023) TN 8 (2001–2025) PA 7 (1989–2025) ID 7 (1980–2023) MS 7 (1984–2017) IL 6 (2000–2025) MO 5 (1997–2018) IA 5 (2017–2022) MI 5 (1988–2025) VA 4 (1990–1996) LA 4 (2013–2023) WI 4 (1981–2024) ND 3 (2002–2020) NE 3 (2002–2026) MT 3 (1990–2017) NV 3 (1996–2018) CO 3 (2012–2026) AR 3 (2019–2022) DE 3 (1988–2021) WY 3 (1996–2018) OK 2 (1998–2009) MA 2 (1910–1976) AZ 2 (2021–2024) NY 2 (1999–2009) HI 2 (2001–2004)

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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