Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
17 Florida opinions name it 3 courts 1989–2018 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.
| Case | Followed | Cited |
|---|---|---|
Inquiry Concerning a Judge, No. 09-01 re Turnergreen2 sentences2017See In re Turner, 76 So. 3d 898, 901 (Fla. 2011). 2017See In re Turner, 76 So. 3d 898, 901 (Fla. 2011). | 2 | 2 |
Jared Bretherick v. State of Floridared1 sentence2018See Bretherick v. State, 170 So. 3d 766, 775-76 (Fla. -9- 2015) (examining the development in the district courts of the burden of proof requirement under the 2011 version of section 776.032). | 1 | 1 |
Smith v. Stategreen1 sentence2015The defense requested that the court answer the jury’s question “by instructing the jury that the [burden of] proof is on the State of Florida, or [to] reread the burden of proof instruction.” Citing Smith v. State, 424 So.2d 726, 731-32 (Fla.1982) (discussing the common law defense of withdrawal), and reasoning that abandonment was an affirmative defense because “[f]or there to be an abandonment there must first be an attempt,” the trial court instructed the jury: “It is the defendant’s burden to prove abandonment, and the standard is by a preponderance of the evidence.” III. | 1 | 1 |
Carroll v. Stategreen1 sentence2015Before section 777.04(5) was enacted, Florida “recognized the common law defense of abandonment, ‘also referred to as withdrawal or renunciation.’ ” Longval v. State, 914 So.2d 1098, 1100 (Fla. 4th DCA 2005) (quoting Carroll v. State, 680 So.2d 1065, 1066 (Fla. 3d DCA 1996)). | 1 | 1 |
Longval v. Stategreen1 sentence2015Before section 777.04(5) was enacted, Florida “recognized the common law defense of abandonment, ‘also referred to as withdrawal or renunciation.’ ” Longval v. State, 914 So.2d 1098, 1100 (Fla. 4th DCA 2005) (quoting Carroll v. State, 680 So.2d 1065, 1066 (Fla. 3d DCA 1996)). | 1 | 1 |
Hack v. Janesgreen1 sentence2007See, e.g., Hack v. Janes, 878 So.2d 440, 443 (Fla. 5th DCA 2004). | 1 | 1 |
Standard Jury Instructionsgreen1 sentence2000See Standard Jury Instructions, 723 So.2d at 123, 142-43 (effective July 16, 1998). | 1 | 1 |
Hamilton v. Stategreen1 sentence1997See Hamilton v. State, 547 So.2d 630, 632 (Fla.1989); Huber, 669 So.2d at 1081 . | 1 | 1 |
Akins v. Betheagreen2 sentences1992Akins v. Bethea, 160 Fla. 99 , 33 So.2d 638, 640 (1948). 1992Akins v. Bethea, 160 Fla. 99 , 33 So.2d 638, 640 (1948). | 1 | 1 |
Preston v. Stategreen1 sentence1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1 |
Arango v. Stategreen2 sentences1991(Crim.) 81. [5] That the murder was especially heinous, atrocious, or cruel; committed in a cruel, cold, and premeditated manner; and for the purpose of avoiding arrest. [6] Robinson claims that the instructions improperly instruct the jury that the mitigating circumstances must outweigh the aggravating circumstances to make appropriate a life recommendation, see Arango v. State, 411 So.2d 172, 174 (Fla.) (rejecting claim that the instructions impermissibly allocated the burden of proof in violation of due process and concluding that the standard jury instructions, taken as a whole, show no re 1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1 |
Ferris v. Turlingtongreen1 sentence1991See Ferris v. Turlington, 510 So.2d 292 (Fla. 1987). | 1 | 1 |
Jackson v. Wainwrightgreen1 sentence1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1 |
Brown v. Statered1 sentence1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1 |
Smalley v. Stategreen1 sentence1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1 |
Bertolotti v. Stategreen1 sentence1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maynard v. Cartwright
green
2 sentences1991(Crim.) 81. [5] That the murder was especially heinous, atrocious, or cruel; committed in a cruel, cold, and premeditated manner; and for the purpose of avoiding arrest. [6] Robinson claims that the instructions improperly instruct the jury that the mitigating circumstances must outweigh the aggravating circumstances to make appropriate a life recommendation, see Arango v. State, 411 So.2d 172, 174 (Fla.) (rejecting claim that the instructions impermissibly allocated the burden of proof in violation of due process and concluding that the standard jury instructions, taken as a whole, show no re 1991(Crim.) 81. [5] That the murder was especially heinous, atrocious, or cruel; committed in a cruel, cold, and premeditated manner; and for the purpose of avoiding arrest. [6] Robinson claims that the instructions improperly instruct the jury that the mitigating circumstances must outweigh the aggravating circumstances to make appropriate a life recommendation, see Arango v. State, 411 So.2d 172, 174 (Fla.) (rejecting claim that the instructions impermissibly allocated the burden of proof in violation of due process and concluding that the standard jury instructions, taken as a whole, show no re | 2 | 1989–1991 |
Matter of Adoption of Doe
green
2 sentences1990By order of the court, the parties were notified of en banc consideration and directed to file supplemental briefs addressing: (1) Adoption of Doe: Doe v. Roe, 543 So.2d 741 (Fla.1989), and Lehr v. Robertson, 463 U.S. 248 , 103 S.Ct. 2985 , 77 L.Ed.2d 614 (1983), as those cases may pertain to this case; 9 (2) the burden of proof and standard of appellate review; and (3) sufficiency of the evidence in proceedings terminating parental rights. 1990By order of the court, the parties were notified of en banc consideration and directed to file supplemental briefs addressing: (1) Adoption of Doe: Doe v. Roe, 543 So.2d 741 (Fla. 1989), and Lehr v. Robertson, 463 U.S. 248 , 103 S.Ct. 2985 , 77 L.Ed.2d 614 (1983), as those cases may pertain to this case; [9] (2) the burden of proof and standard of appellate review; and (3) sufficiency of the evidence in proceedings terminating parental rights. | 2 | 1990–1990 |
Lehr v. Robertson
green
2 sentences1990By order of the court, the parties were notified of en banc consideration and directed to file supplemental briefs addressing: (1) Adoption of Doe: Doe v. Roe, 543 So.2d 741 (Fla.1989), and Lehr v. Robertson, 463 U.S. 248 , 103 S.Ct. 2985 , 77 L.Ed.2d 614 (1983), as those cases may pertain to this case; 9 (2) the burden of proof and standard of appellate review; and (3) sufficiency of the evidence in proceedings terminating parental rights. 1990By order of the court, the parties were notified of en banc consideration and directed to file supplemental briefs addressing: (1) Adoption of Doe: Doe v. Roe, 543 So.2d 741 (Fla.1989), and Lehr v. Robertson, 463 U.S. 248 , 103 S.Ct. 2985 , 77 L.Ed.2d 614 (1983), as those cases may pertain to this case; 9 (2) the burden of proof and standard of appellate review; and (3) sufficiency of the evidence in proceedings terminating parental rights. | 2 | 1990–1990 |
Cripe v. ATLANTIC FIRST NAT. BANK, ETC.
green
1 sentence2004The new statute supersedes Carpenter and Cripe v. Atlantic First National Bank, 422 So.2d 820 (Fla.1982), to the extent that they prohibit a shifting of the burden of proof in presumption of undue influence in cases. | 1 | 2004–2004 |
Aetna Life Insurance Company, Inc. v. Fruchter
green
2 sentences2002The first certified question asks whether the burden of proof rule recognized in Fruchter v. Aetna Life Insurance Co., 266 So.2d 61 (Fla. 3d DCA 1972), cert. discharged, 283 So.2d 36 (Fla.1973), is part of the substantive law of Florida. 2002Finally, the first certified question asks whether the burden of proof rule recognized in Fruchter v. Aetna Life Insurance Co., 266 So.2d 61 (Fla. 3d DCA 1972), cert. discharged, 283 So.2d 36 (Fla. 1973), is part of the substantive law of Florida. | 1 | 2002–2002 |
Audrey Shaps v. Provident Life & Accident Insurance Company, Provident Life and Casualty Insurance Company, a Foreign Corporation
green
1 sentence2002Second, the Eleventh Circuit is "unclear whether the Florida Supreme Court's description in Fruchter of the burden-of-proof rule in that case as `substantive' was meant to establish that rule as an element of substantive Florida law for conflict-of-laws purposes." Shaps, 244 F.3d at 883 . | 1 | 2002–2002 |
Fruchter v. Aetna Life Insurance
green
2 sentences2002The first certified question asks whether the burden of proof rule recognized in Fruchter v. Aetna Life Insurance Co., 266 So.2d 61 (Fla. 3d DCA 1972), cert. discharged, 283 So.2d 36 (Fla.1973), is part of the substantive law of Florida. 2002Finally, the first certified question asks whether the burden of proof rule recognized in Fruchter v. Aetna Life Insurance Co., 266 So.2d 61 (Fla. 3d DCA 1972), cert. discharged, 283 So.2d 36 (Fla. 1973), is part of the substantive law of Florida. | 1 | 2002–2002 |
Smith v. State
green
1 sentence2000We believe this important distinguishing factor places the case before us under the analysis of our decision in Smith v. State, 521 So.2d 106 (Fla.1988). | 1 | 2000–2000 |
Huber v. State
green
1 sentence1997See Hamilton v. State, 547 So.2d 630, 632 (Fla.1989); Huber, 669 So.2d at 1081 . | 1 | 1997–1997 |
| Dade County v. FLA. MIN. & MAT. CORP. green | 1 | 1991–1991 |
| Suarez v. State green | 1 | 1991–1991 |
John R. Woods, Jr. v. United States of America, Department of Transportation and United States Coast Guard
green
1 sentence1991The case on which the Board primarily relies is Woods v. United States of America, Department of Transportation, 681 F.2d 988 (5th Cir.1982), an appeal of a proceeding under federal law to discipline a tugboat master. | 1 | 1991–1991 |
| Consolidated Motor Inns v. BVA Credit Corp. green | 1 | 1991–1991 |
Smith v. Dugger
green
1 sentence1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1991–1991 |
In re Jones
green
2 sentences1991(Crim.) 81. [5] That the murder was especially heinous, atrocious, or cruel; committed in a cruel, cold, and premeditated manner; and for the purpose of avoiding arrest. [6] Robinson claims that the instructions improperly instruct the jury that the mitigating circumstances must outweigh the aggravating circumstances to make appropriate a life recommendation, see Arango v. State, 411 So.2d 172, 174 (Fla.) (rejecting claim that the instructions impermissibly allocated the burden of proof in violation of due process and concluding that the standard jury instructions, taken as a whole, show no re 1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1991–1991 |
Walls v. United States
green
1 sentence1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1991–1991 |
Monroe v. Louisiana
green
1 sentence1991Brown v. State, 565 So.2d 304, 308 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 537 , 112 L.Ed.2d 547 (1990); Smith v. Dugger, 565 So.2d 1293 , 1295 n. 3 (Fla. 1990); Smalley v. State, 546 So.2d 720, 722 (Fla. 1989). [7] Robinson claims that he was entitled to instructions: to eliminate an asserted unconstitutional shifting of the burden of proof, Preston v. State, 531 So.2d 154, 160 (Fla. 1988); Arango v. State, 411 So.2d 172, 174 (Fla.), cert. denied, 457 U.S. 1140 , 102 S.Ct. 2973 , 73 L.Ed.2d 1360 (1982); to consider as a single aspect any aspect of an aggravating circumstance that gives | 1 | 1991–1991 |
| Wilson Sporting Goods Co. v. David Geoffrey & Associates green | 1 | 1991–1991 |
| Toney-El v. Lane green | 1 | 1991–1991 |
| Golub v. Ernst green | 1 | 1991–1991 |
| Brady v. Maryland green | 1 | 1989–1989 |
| Mills v. Maryland green | 1 | 1989–1989 |
| Caldwell v. Mississippi green | 1 | 1989–1989 |
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.