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16 Florida opinions name it 2 courts 1987–2020 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 |
|---|---|---|
Rogers v. Stategreen2 sentences2008See State v. Abreau, 363 So.2d 1063 (Fla.1978); Wilcox v. State, 675 So.2d 1043, 1043 (Fla. 4th DCA 1996); Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993). 1996See also Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993). | 1 | 3 |
Wilcox v. Stategreen2 sentences2008See State v. Abreau, 363 So.2d 1063 (Fla.1978); Wilcox v. State, 675 So.2d 1043, 1043 (Fla. 4th DCA 1996); Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993). 1996In the recent case of Wilcox v. State, 675 So.2d 1043 (Fla. 4th DCA 1996), this court held that where a defendant is charged with violating section 893.13(l)(a), Florida Statutes (Supp.1994), by possessing with intent to sell, manufacture, or deliver a controlled substance, a lesser-included instruction on simple possession is required to be given if requested. | 1 | 2 |
Timothy Anderson v. State of Floridagreen1 sentence2020“Simply put, trial judges should not be told to put on blinders at a charge conference, looking only at an information filed months or years earlier, when it has become obvious that a lesser-included instruction requested by the defendant is appropriate in light of a fact not then in dispute (here, that the car was driven, not dropped from the sky, - 21 - used as a bludgeon, and so on).” Anderson, 247 So. 3d at 685 (Makar, J., concurring in part and dissenting in part). | 1 | 1 |
United States v. Fowlergreen1 sentence2012Cf. State v. Adkins, 553 So.2d 294, 297 (Fla. 1st DCA 1989) (holding that a racketeering charge was properly dismissed when felony perjury under section 837.02, one of two alleged predicate acts charged in the information, was dismissed for failure to state a criminal offense, even though the facts might establish the crime of misdemeanor perjury under section 837.012; that crime and that statute were not delineated in the information); see also United States v. Fowler, 535 F.3d 408, 421 (6th Cir.2008) (noting that a crime alleged as a predicate act for purposes of a racketeering charge is not | 1 | 1 |
State v. Adkinsgreen1 sentence2012Cf. State v. Adkins, 553 So.2d 294, 297 (Fla. 1st DCA 1989) (holding that a racketeering charge was properly dismissed when felony perjury under section 837.02, one of two alleged predicate acts charged in the information, was dismissed for failure to state a criminal offense, even though the facts might establish the crime of misdemeanor perjury under section 837.012; that crime and that statute were not delineated in the information); see also United States v. Fowler, 535 F.3d 408, 421 (6th Cir.2008) (noting that a crime alleged as a predicate act for purposes of a racketeering charge is not | 1 | 1 |
State v. Abreaugreen1 sentence2008See State v. Abreau, 363 So.2d 1063 (Fla.1978); Wilcox v. State, 675 So.2d 1043, 1043 (Fla. 4th DCA 1996); Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993). | 1 | 1 |
Weber v. Stategreen1 sentence2004To allow a defendant to affirmatively rely on an improper lesser-included instruction and then request reversal on appeal allows that defendant to reduce the criminal justice system to a game that Judge Sharp has described as "heads I win, tails you lose." Weber v. State, 602 So.2d 1316, 1319 (Fla. 5th DCA 1992). | 1 | 1 |
Raford v. Stategreen1 sentence2002See Raford, 792 So.2d at 479-80 . | 1 | 1 |
State v. Wimberlygreen1 sentence1987If Munroe were correct in claiming entitlement to the lesser included instruction, the jury would have been able to exercise its "pardon power." State v. Wimberly, 498 So.2d 929, 932 (Fla. 1986). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Piggott v. Stategreen1 sentence2018Id. at 147. 5 We affirm the judgment below and certify conflict with Piggott v. State, 140 So. 3d 666 (Fla. 4th DCA 2014). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Morrison v. State
green
1 sentence2004SeeState v. Williams, 797 So.2d 1235 (Fla.2001); Morrison v. State, 860 So.2d 458 (Fla. 1st DCA 2003). | 1 | 2004–2004 |
State v. Williams
green
1 sentence2004SeeState v. Williams, 797 So.2d 1235 (Fla.2001); Morrison v. State, 860 So.2d 458 (Fla. 1st DCA 2003). | 1 | 2004–2004 |
Kama v. State
yellow
1 sentence2001Appellant's argument is grounded on the parental privilege to discipline a child and is based on Kama v. State, 507 So.2d 154 (Fla. 1st DCA 1987), in which a stepfather was charged with inflicting injuries including bruises consistent with being struck by a belt. | 1 | 2001–2001 |
Grimes v. State
green
1 sentence1995It relies on Lightbourne v. State, 471 So.2d 27 (Fla. 1985) (attachments not required when claim is legally insufficient); Grimes v. State, 642 So.2d 145 (Fla. 4th DCA 1994) (failure of court to include attachments in a rule 3.800(a) proceeding not error when state's response includes attachments and the court's order indicates that state's response was considered); and Bland *1228 v. State, 563 So.2d 794 (Fla. 1st DCA), rev. dismissed, 574 So.2d 139 (Fla. 1990) (failure to attach record not reversible error when court considered transcript from direct appeal, transcript is part of record in r | 1 | 1995–1995 |
Bland v. State
green
1 sentence1995It relies on Lightbourne v. State, 471 So.2d 27 (Fla. 1985) (attachments not required when claim is legally insufficient); Grimes v. State, 642 So.2d 145 (Fla. 4th DCA 1994) (failure of court to include attachments in a rule 3.800(a) proceeding not error when state's response includes attachments and the court's order indicates that state's response was considered); and Bland *1228 v. State, 563 So.2d 794 (Fla. 1st DCA), rev. dismissed, 574 So.2d 139 (Fla. 1990) (failure to attach record not reversible error when court considered transcript from direct appeal, transcript is part of record in r | 1 | 1995–1995 |
Lightbourne v. State
green
1 sentence1995It relies on Lightbourne v. State, 471 So.2d 27 (Fla. 1985) (attachments not required when claim is legally insufficient); Grimes v. State, 642 So.2d 145 (Fla. 4th DCA 1994) (failure of court to include attachments in a rule 3.800(a) proceeding not error when state's response includes attachments and the court's order indicates that state's response was considered); and Bland *1228 v. State, 563 So.2d 794 (Fla. 1st DCA), rev. dismissed, 574 So.2d 139 (Fla. 1990) (failure to attach record not reversible error when court considered transcript from direct appeal, transcript is part of record in r | 1 | 1995–1995 |
Gonzalez v. State
neutral
1 sentence1994Gonzalez v. State, 617 So.2d 847 (Fla. 4th DCA 1993). | 1 | 1994–1994 |
Torrence v. State
green
1 sentence1994While we held in Torrence v. State, 440 So.2d 392 (Fla. 5th DCA 1983), that the conviction and incarceration of a defendant for an offense not charged is not fundamental error, nevertheless few would suggest that such procedure is a sporting way to obtain a conviction. | 1 | 1994–1994 |
Thomas v. State
green
1 sentence1993See Fla.R.Crim.P. 3.390; Thomas v. State, 591 So.2d 259 (Fla. 4th DCA 1991). | 1 | 1993–1993 |
State v. Dene
green
2 sentences1989However in State v. Dene, 533 So.2d 265 (Fla. 1988) the supreme court discussed the confusion surrounding its Lowery opinion and explained that the result which they reached in that case was correct insofar as "[t]he conviction for second-degree felony murder was valid as a jury pardon because there had been no objection to the lesser included instruction at trial." 533 So.2d at 269 . 1989However in State v. Dene, 533 So.2d 265 (Fla. 1988) the supreme court discussed the confusion surrounding its Lowery opinion and explained that the result which they reached in that case was correct insofar as "[t]he conviction for second-degree felony murder was valid as a jury pardon because there had been no objection to the lesser included instruction at trial." 533 So.2d at 269 . | 1 | 1989–1989 |
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.
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.