read standard (Florida) · Go Syfert
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read standard in Florida

15 Florida opinions name it 3 courts 1990–2026 4 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
Mark Anthony Poole v. State of Floridagreen
fla · 2014 · cited in 3 Florida opinions naming this issue, 2015–2017
2 sentences

2017See Poole, 151 So. 3d at 415 .

2017See Poole, 151 So.3d at 415 .

33
Leo Louis Kaczmar, III v. State of Floridagreen
fla · 2017 · cited in 2 Florida opinions naming this issue, 2020–2026
2 sentences

2026See Kaczmar, 228 So. 3d at 12 (holding that prosecutor's improper characterization of mitigating evidence did not rise to the level of fundamental error where comment was made only once, and the trial court read the standard jury instructions, which included an accurate statement of the law); see also Bright v. State, 299 So. 3d 985 , 1000 (Fla. 2020). 6 And Ivy’s testimony that James threatened Ivy for not offering James $20.00 for crack was not introduced solely to prove James’ “bad character or propensity” to use illicit substances; it was offered to prove James had a motive or intent to sh

2020See Kaczmar v. State, 228 So. 3d 1, 12 (Fla. 2017) (finding that prosecutor’s improper characterization of mitigating evidence did not rise to the level of fundamental error where comment was made only once, and the trial court read the standard jury instructions, which included an accurate statement of the law).

22
Stephens v. Stategreen
fla · 2001 · cited in 2 Florida opinions naming this issue, 2012–2020
2 sentences

2020See Coday v. State, 946 So. 2d 988, 995 (Fla. 2006) (rejecting claim that a special jury instruction on heat of passion was necessary to correctly explain the law when the issue was not preserved for appellate review); see also Stephens v. State, 787 So. 2d 747, 755 (Fla. 2001) (“[T]he failure to give special jury instructions does not constitute error where the instructions given adequately address the applicable legal standards.”); Sochor v. State, 619 So. 2d 285, 290 (Fla. 1993) (the failure to give an instruction unnecessary to prove an essential element of the crime charged is not fundame

2012See Coday v. State, 946 So.2d 988, 995 (Fla.2006) (rejecting claim that a special jury instruction on heat of passion was necessary to correctly explain the law when the issue was not preserved for appellate review); see also Stephens v. State, 787 So.2d 747, 755 (Fla.2001) (“[T]he failure to give special jury instructions does not constitute error where the instructions given adequately address the applicable legal standards.”); Sochor v. State, 619 So.2d 285, 290 (Fla.1993) (the failure to give an instruction unnecessary to prove an essential element of the crime charged is not fundamental e

22
Coday v. Stategreen
fla · 2006 · cited in 2 Florida opinions naming this issue, 2012–2020
2 sentences

2020See Coday v. State, 946 So. 2d 988, 995 (Fla. 2006) (rejecting claim that a special jury instruction on heat of passion was necessary to correctly explain the law when the issue was not preserved for appellate review); see also Stephens v. State, 787 So. 2d 747, 755 (Fla. 2001) (“[T]he failure to give special jury instructions does not constitute error where the instructions given adequately address the applicable legal standards.”); Sochor v. State, 619 So. 2d 285, 290 (Fla. 1993) (the failure to give an instruction unnecessary to prove an essential element of the crime charged is not fundame

2012See Coday v. State, 946 So.2d 988, 995 (Fla.2006) (rejecting claim that a special jury instruction on heat of passion was necessary to correctly explain the law when the issue was not preserved for appellate review); see also Stephens v. State, 787 So.2d 747, 755 (Fla.2001) (“[T]he failure to give special jury instructions does not constitute error where the instructions given adequately address the applicable legal standards.”); Sochor v. State, 619 So.2d 285, 290 (Fla.1993) (the failure to give an instruction unnecessary to prove an essential element of the crime charged is not fundamental e

22
Sochor v. Stategreen
fla · 1993 · cited in 2 Florida opinions naming this issue, 2012–2020
2 sentences

2020See Coday v. State, 946 So. 2d 988, 995 (Fla. 2006) (rejecting claim that a special jury instruction on heat of passion was necessary to correctly explain the law when the issue was not preserved for appellate review); see also Stephens v. State, 787 So. 2d 747, 755 (Fla. 2001) (“[T]he failure to give special jury instructions does not constitute error where the instructions given adequately address the applicable legal standards.”); Sochor v. State, 619 So. 2d 285, 290 (Fla. 1993) (the failure to give an instruction unnecessary to prove an essential element of the crime charged is not fundame

2012See Coday v. State, 946 So.2d 988, 995 (Fla.2006) (rejecting claim that a special jury instruction on heat of passion was necessary to correctly explain the law when the issue was not preserved for appellate review); see also Stephens v. State, 787 So.2d 747, 755 (Fla.2001) (“[T]he failure to give special jury instructions does not constitute error where the instructions given adequately address the applicable legal standards.”); Sochor v. State, 619 So.2d 285, 290 (Fla.1993) (the failure to give an instruction unnecessary to prove an essential element of the crime charged is not fundamental e

22
Dorsett v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025“Evidence is inextricably intertwined if the evidence is necessary to (1) adequately describe the deed; (2) provide an intelligent account of the crime(s) charged; (3) establish the entire context out of which the charged crime(s) arose, or (4) adequately describe the events leading up to the charged crime(s).” McGee v. State, 19 So. 3d 1074, 1078 (Fla. 4th DCA 2009) (quoting Dorsett v. State, 944 So. 2d 1207, 1213 (Fla. 3d DCA 2006)).

11
McGee v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025“Evidence is inextricably intertwined if the evidence is necessary to (1) adequately describe the deed; (2) provide an intelligent account of the crime(s) charged; (3) establish the entire context out of which the charged crime(s) arose, or (4) adequately describe the events leading up to the charged crime(s).” McGee v. State, 19 So. 3d 1074, 1078 (Fla. 4th DCA 2009) (quoting Dorsett v. State, 944 So. 2d 1207, 1213 (Fla. 3d DCA 2006)).

11
Ayalavillamizar v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025The State cites to Pujol v. State, 290 So. 3d 520 , 523–24 (Fla. 3d DCA 2019), and Ayalavillamizar v. State, 134 So. 3d 492, 497 (Fla. 4th DCA 2014), for the proposition that an isolated error, not repeated during trial or during closing arguments, and constrained by the same standard jury instruction, supports harmless error.

11
State v. Montgomeryyellow
fla · 2010 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011Initially, we note that Mr. Gland is correct that pursuant to State v. Montgomery, 39 So.3d 252, 259 (Fla.2010), it was error for the trial court to give the instruction on manslaughter by intentional act which included the then-standard language requiring the State to prove that a defendant had an intent to kill the victim.

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 (5)

CaseCitedYears
St. Martin's Episcopal Church v. PRUDENTIAL-BACHE SECURITIES, INC. green
fladistctapp · 1993
1 sentence

2023In its reasoning, the court read rule 1.210(a) as “one of enlargement, rather than limitation” and stated that even though the trustee can sue, “it is all but expressly assumed in this rule that a beneficiary of a trust may sue someone other than the trustee for something.” Id.

12023–2023
Smith v. State green
fla · 1988
2 sentences

2008We concluded that although the instruction did not accurately reflect the law of insanity in Florida, fundamental error did not occur "because there is no denial of due process to place the burden of proof of insanity on the defendant." Id.

2008In Smith v. State, 521 So.2d at 107 , the trial court read an instruction with regard to insanity which this Court had previously disapproved.

12008–2008
Maggard v. State green
fla · 1981
1 sentence

2002But if the instruction was read, Barnhill wanted it read without the word "substantially." In support, Barnhill relies on Maggard v. State, 399 So.2d 973 (Fla. 1981), for the proposition that if a defendant does not rely on specific mitigation, the State may not present evidence to rebut it.

12002–2002
Caruthers v. State green
fladistctapp · 1998
1 sentence

1999Id.

11999–1999
Gallagher v. Federal Ins. Co. green
fladistctapp · 1977
1 sentence

1990Gallagher, supra. In instructing the jury, this court read the instruction premised upon Florida Statutes Section 316.151.

11990–1990

Statutes the citing opinions construe

FL § 921.141 (5) FL § 782.04 (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.

Where else courts name it

CA 20 (1958–2025) FL 15 (1990–2026) WA 8 (1987–2025) TX 7 (1990–2024) IL 7 (2014–2023) MI 5 (1943–2023) NY 4 (1992–2015) UT 3 (2016–2025) PA 3 (1979–2019) AZ 3 (1971–2014) OH 3 (2004–2025) DC 2 (2009–2012) VT 2 (2000–2021) MN 2 (1994–2001) MD 2 (1946–2005)

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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