product rule (Florida) · Go Syfert
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product rule in Florida

16 Florida opinions name it 2 courts 1981–2015 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 (9)

CaseFollowedCited
Butler v. Stategreen
fla · 2003 · cited in 3 Florida opinions naming this issue, 2004–2011
2 sentences

2009See Butler v. State, 842 So.2d 817, 829 (Fla.2003) (acknowledging that Florida and other jurisdictions have accepted use of the product rule).

2004See Butler, 842 So.2d at 828 (stating that Butler's claim of invalidity of product rule "is inaccurate in light of the case law that continues to uphold the validity of the product rule").

33
Hausman v. Rudkingreen
fladistctapp · 1972 · cited in 2 Florida opinions naming this issue, 2015–2015
2 sentences

2015See § 607.1301(4) (defining “fair value” as a value “determined ... [ujsing customary and current valuation concepts and techniques.... ”); Hausman v. Rudkin, 268 So.2d 407, 409-10 (Fla. 4th DCA 1972) (“Having found competent substantial evidence to support the. factual conclusions necessarily made by the trial court and having discerned no error as a matter of law, we must affirm the final judgment.”).

2015See § 607.1301(4) (defining “fair value” as a value “determined . . . [u]sing customary and current valuation concepts and techniques . . . .”); Hausman v. Rudkin, 268 So. 2d 407 , 409- 10 (Fla. 4th DCA 1972) (“Having found competent substantial evidence to support the factual conclusions necessarily made by the trial court and having discerned no error as a matter of law, we must affirm the final judgment.”).

22
State v. Lerouxgreen
fla · 1996 · cited in 2 Florida opinions naming this issue, 1999–2007
2 sentences

2007See Debonis v. State, 745 So.2d 407 (Fla. 4th DCA 1999) (“[T]he defendant’s negative response during a plea colloquy to the trial court’s question of whether anything had been promised to induce his guilty plea did not conclusively refute his post-conviction relief claim that the plea was the product of defense counsel’s misrepresentations concerning the amount of sentence he would actually serve.”) (citing State v. Leroux, 689 So.2d 235 (Fla.1996)).

1999See id. at 237-38 .

22
Hudson v. Stategreen
fladistctapp · 2002 · cited in 2 Florida opinions naming this issue, 2002–2005
2 sentences

2005See Hudson, 820 So.2d at 1070; Miles v. State, 694 So.2d 151 (Fla. 4th DCA 1997).

2002See Hudson, 820 So.2d at 1070 ; Miles v. State, 694 So.2d 151 (Fla. 4th DCA 1997).

22
G & G Fashion Design, Inc. v. Garciagreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015See G & G Fashion Design, Inc. v. Garcia, 870 So.2d 870 ; 872 (Fla. 3d DCA 20Ó4) (affirming trial court’s valuation method because it was supported by compétent, substantial evidence).- • Further, the court’s determination’that Wood-bridge did not substantially comply with the fair value offer provisions of section ■'607.1322 also was supported by sufficient evidence that Woodbridge’s initial offer to the dissenting shareholders was not the product of an analysis using customary valuation techniques.

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

2007See Debonis v. State, 745 So.2d 407 (Fla. 4th DCA 1999) (“[T]he defendant’s negative response during a plea colloquy to the trial court’s question of whether anything had been promised to induce his guilty plea did not conclusively refute his post-conviction relief claim that the plea was the product of defense counsel’s misrepresentations concerning the amount of sentence he would actually serve.”) (citing State v. Leroux, 689 So.2d 235 (Fla.1996)).

11
United States v. John Ray Bonds (91-3610) Mark Verdi (91-3609) and Steven Wayne Yee (91-3608)green
ca6 · 1994 · cited in 1 Florida opinions naming this issue, 2003–2003
2 sentences

2003See Brim v. State, 695 So.2d at 272 (observing that the NRC adopted the ceiling principle amid speculation that product rule calculations did not account for population substructures, but later disavowed the ceiling principle and renewed its approval of product rule calculations); Clark v. State, 679 So.2d 321 (Fla. 3d DCA 1996) ("[P]roduct rule calculations are appropriate as a matter of scientific fact and law.") (citing National Research Council, The Evaluation of Forensic DNA Evidence (prepublication copy 1996)); see also United States v. Bonds, 12 F.3d 540 (6th Cir.1993); United States v.

2003In United States v. Bonds, 12 F.3d 540 (6th Cir.1993), the United States Court of Appeals for the Sixth Circuit illustrates the product rule: To estimate the frequency of a suspect's overall DNA pattern, the individual allele frequencies are multiplied together, using a multiplication or product rule, to compute an aggregate estimate of the probability that this combination of alleles in the suspect's DNA sample would be encountered in a particular racial population.

11
Clark v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2003–2003
2 sentences

2003See Brim v. State, 695 So.2d at 272 (observing that the NRC adopted the ceiling principle amid speculation that product rule calculations did not account for population substructures, but later disavowed the ceiling principle and renewed its approval of product rule calculations); Clark v. State, 679 So.2d 321 (Fla. 3d DCA 1996) ("[P]roduct rule calculations are appropriate as a matter of scientific fact and law.") (citing National Research Council, The Evaluation of Forensic DNA Evidence (prepublication copy 1996)); see also United States v. Bonds, 12 F.3d 540 (6th Cir.1993); United States v.

2003See Brim v. State, 695 So.2d at 272 (observing that the NRC adopted the ceiling principle amid speculation that product rule calculations did not account for population substructures, but later disavowed the ceiling principle and renewed its approval of product rule calculations); Clark v. State, 679 So.2d 321 (Fla. 3d DCA 1996) ("[P]roduct rule calculations are appropriate as a matter of scientific fact and law.") (citing National Research Council, The Evaluation of Forensic DNA Evidence (prepublication copy 1996)); see also United States v. Bonds, 12 F.3d 540 (6th Cir.1993); United States v.

11
United States v. Parkgreen
scotus · 1975 · cited in 1 Florida opinions naming this issue, 1989–1989
2 sentences

1989See, e.g., United States v. Park, 421 U.S. 658, 673-674 , 95 S.Ct. 1903, 1912 , 44 L.Ed.2d 489, 501 (1975); United States v. General Foods Corporation, 446 F. Supp. 740 (N.D.N.Y. 1978), aff'd, 591 F.2d 1332 (2d Cir.1978); United States v. Capital City Foods, Inc., 345 F. Supp. 277 (D.N.D. 1972).

1989See, e.g., United States v. Park, 421 U.S. 658, 673-674 , 95 S.Ct. 1903, 1912 , 44 L.Ed.2d 489, 501 (1975); United States v. General Foods Corporation, 446 F. Supp. 740 (N.D.N.Y. 1978), aff'd, 591 F.2d 1332 (2d Cir.1978); United States v. Capital City Foods, Inc., 345 F. Supp. 277 (D.N.D. 1972).

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 (11)

CaseCitedYears
Brim v. State green
fla · 1997
2 sentences

2011See, e.g., Butler v. State, 842 So.2d 817, 829 (Fla.2003); Brim, 695 So.2d at 272 .

2002As we explained in Brim v. State, 695 So.2d 268 (Fla.1997): The "product rule" is a traditional calculation used by statisticians and population geneticists to calculate population frequency statistics.

22002–2011
Miles v. State green
fladistctapp · 1997
2 sentences

2005See Hudson, 820 So.2d at 1070; Miles v. State, 694 So.2d 151 (Fla. 4th DCA 1997).

2002See Hudson, 820 So.2d at 1070 ; Miles v. State, 694 So.2d 151 (Fla. 4th DCA 1997).

22002–2005
AUBURN MACH. WORKS, CO., INC. v. Jones green
fla · 1979
2 sentences

1986Appellant relies upon Auburn Machine Works Co., Inc. v. Jones, 366 So.2d 1167 (Fla. 1979), in which the court held that the obviousness of a hazard in a product is not an exception to liability on the part of the manufacturer but rather is a defense by which the manufacturer may show that the plaintiff did not exercise a reasonable degree of care as required by the circumstances and that the principles of comparative negligence apply where this defense is raised.

1981Cf. Auburn Machine Works Co., Inc. v. Jones, 366 So.2d 1167 (Fla.1979) (under comparative negligence, the obvious danger of a product is a defense, not a bar to recovery).

21981–1986
Kansas v. Marsh green
scotus · 2006
2 sentences

2010“The use of mitigation evidence is a product of the requirement of individualized sentencing.” Kansas v. Marsh, 548 U.S. 163, 174 , 126 S.Ct. 2516 , 165 L.Ed.2d 429 (2006).

2010“The use of mitigation evidence is a product of the requirement of individualized sentencing.” Kansas v. Marsh, 548 U.S. 163, 174 , 126 S.Ct. 2516 , 165 L.Ed.2d 429 (2006).

12010–2010
Montgomery v. State green
fladistctapp · 2009
1 sentence

2009Further, even if the trial court erred in admitting the evidence, any such error was harmless. *627 With regard to the second issue, we are required to reverse Appellant’s conviction in light of Montgomery v. State, — So.3d -, 2009 WL 350624 (Fla. 1st DCA 2009).

12009–2009
United States v. Randolph Jakobetz green
ca2 · 1992
2 sentences

2003See Brim v. State, 695 So.2d at 272 (observing that the NRC adopted the ceiling principle amid speculation that product rule calculations did not account for population substructures, but later disavowed the ceiling principle and renewed its approval of product rule calculations); Clark v. State, 679 So.2d 321 (Fla. 3d DCA 1996) ("[P]roduct rule calculations are appropriate as a matter of scientific fact and law.") (citing National Research Council, The Evaluation of Forensic DNA Evidence (prepublication copy 1996)); see also United States v. Bonds, 12 F.3d 540 (6th Cir.1993); United States v.

2003See Brim v. State, 695 So.2d at 272 (observing that the NRC adopted the ceiling principle amid speculation that product rule calculations did not account for population substructures, but later disavowed the ceiling principle and renewed its approval of product rule calculations); Clark v. State, 679 So.2d 321 (Fla. 3d DCA 1996) ("[P]roduct rule calculations are appropriate as a matter of scientific fact and law.") (citing National Research Council, The Evaluation of Forensic DNA Evidence (prepublication copy 1996)); see also United States v. Bonds, 12 F.3d 540 (6th Cir.1993); United States v.

12003–2003
State v. Vandebogart green
nh · 1992
2 sentences

1994After describing the debate over the existence and possible significance of population substructure, the court concluded: [i]n light of the conflicting expert testimony at the Frye hearing and the NRC's recognition of considerable debate among population geneticists concerning the possibility of significant population substructure, we conclude that the FBI's method for estimating population frequencies, which relies on the product rule, has not found general acceptance in the field of population genetics. 616 A.2d at 494 .

1994Ultimately, the court noted the suggestion in the NRC report of a "method for conservatively estimating population frequencies in order to account for population substructure" known as the ceiling principle, which could "account for any error caused by possible population substructure," 616 A.2d at 494 , and remanded the case to the trial court for a determination whether the ceiling principle is a generally accepted technique.

11994–1994
United States v. General Foods Corp. green
nynd · 1978
1 sentence

1989See, e.g., United States v. Park, 421 U.S. 658, 673-674 , 95 S.Ct. 1903, 1912 , 44 L.Ed.2d 489, 501 (1975); United States v. General Foods Corporation, 446 F. Supp. 740 (N.D.N.Y. 1978), aff'd, 591 F.2d 1332 (2d Cir.1978); United States v. Capital City Foods, Inc., 345 F. Supp. 277 (D.N.D. 1972).

11989–1989
United States v. Capital City Foods, Inc. green
ndd · 1972
1 sentence

1989See, e.g., United States v. Park, 421 U.S. 658, 673-674 , 95 S.Ct. 1903, 1912 , 44 L.Ed.2d 489, 501 (1975); United States v. General Foods Corporation, 446 F. Supp. 740 (N.D.N.Y. 1978), aff'd, 591 F.2d 1332 (2d Cir.1978); United States v. Capital City Foods, Inc., 345 F. Supp. 277 (D.N.D. 1972).

11989–1989
United States v. Epstein green
ca2 · 1978
1 sentence

1989See, e.g., United States v. Park, 421 U.S. 658, 673-674 , 95 S.Ct. 1903, 1912 , 44 L.Ed.2d 489, 501 (1975); United States v. General Foods Corporation, 446 F. Supp. 740 (N.D.N.Y. 1978), aff'd, 591 F.2d 1332 (2d Cir.1978); United States v. Capital City Foods, Inc., 345 F. Supp. 277 (D.N.D. 1972).

11989–1989
Pittman v. Volusia County green
fladistctapp · 1980
1 sentence

1981If taking the “step in the dark” is, alternatively, considered a risk assumed by the plaintiff, see Pittman v. Volusia County, 380 So.2d 1192 (Fla. 5th DCA 1980), the result is the same since, under comparative negligence, the doctrine of assumed risk is not a bar to recovery.

11981–1981

Where else courts name it

CA 54 (1964–2025) IL 48 (1967–2023) NJ 42 (1977–2025) PA 39 (1974–2025) NY 34 (1965–2018) WA 20 (1969–2024) AZ 18 (1972–2020) TX 17 (1967–2023) MD 17 (1984–2017) FL 16 (1981–2015) OH 13 (1981–2026) IN 13 (1908–2017) OR 11 (1996–2023) TN 10 (1973–2022) GA 9 (1977–2026) MA 9 (1977–2020) MI 9 (1983–2025) AL 8 (1991–2012) MO 8 (1996–2011) OK 8 (1979–2018) CT 7 (1989–2003) MS 7 (1983–1999) KS 6 (1968–2026) NE 6 (1954–2002) DC 5 (1992–2013) CO 5 (1995–2026) NM 4 (1994–1996) MN 4 (1985–2008) VA 4 (1981–2009) SD 4 (1980–1997) ME 4 (1997–2000) KY 3 (1986–2023) LA 3 (1966–2018) WY 3 (1970–2000) RI 2 (1997–2005) SC 2 (1995–2015) WV 2 (1986–2007) NC 2 (1987–1997) IA 2 (1999–2018) AK 2 (1977–1995) NH 2 (1992–2003)

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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