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.
15 Florida opinions name it 4 courts 1986–2008 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 |
|---|---|---|
Francis v. Franklingreen2 sentences2003“A mandatory rebuttable presumption is perhaps less onerous [than an irrebuttable or conclusive presumption] from the defendant’s perspective, but it is no less unconstitutional.” Id. at 317 , 105 S.Ct. 1965 . 2003“A mandatory rebuttable presumption is perhaps less onerous [than an irrebuttable or conclusive presumption] from the defendant’s perspective, but it is no less unconstitutional.” Id. at 317 , 105 S.Ct. 1965 . | 2 | 8 |
Marcolini v. Stategreen2 sentences1999Such a presumption violates a defendant's due process rights by relieving the State of the burden of persuasion." Marcolini v. State, 673 So.2d 3, 4 (Fla. 1996) (citations omitted). 1996"A mandatory rebuttable presumption requires the trier of fact to presume an element of a crime upon proof of a basic or evidentiary fact unless the defendant comes forward with evidence to rebut the finding of that element." Marcolini v. State, 673 So.2d 3 (Fla.1996) (citations omitted). | 1 | 3 |
Curfew Davis v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondentgreen2 sentences1989Davis v. Kemp, 752 F.2d 1515 n. 7 (11th Cir.1985); Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985). 1989Davis v. Kemp, 752 F.2d 1515 , 1517 n. 7 (11th Cir.1985); Miller v. Norvell, 775 F.2d 1572 (1985). | 1 | 2 |
Bob Edward Lancaster v. Lanson Newsomegreen2 sentences2003“The lesson of Franklin is clear — a mandatory rebuttable presumption concerning the issue of intent is impermissible under the Due Process Clause.” Lancaster v. Newsome, 880 F.2d 362, 366 (11th Cir.1989). 2003“The lesson of Franklin is clear — a mandatory rebuttable presumption concerning the issue of intent is impermissible under the Due Process Clause.” Lancaster v. Newsome, 880 F.2d 362, 366 (11th Cir.1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Sandstrom v. Montana
green
2 sentences1996And in Sandstrom [ v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979)] we similarly held that instructions that might reasonably have been understood by the jury as creating a mandatory rebuttable presumption were unconstitutional. 1996And in Sandstrom [ v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979)] we similarly held that instructions that might reasonably have been understood by the jury as creating a mandatory rebuttable presumption were unconstitutional. | 6 | 1986–2001 |
Richard Miller v. C.L. Norvell, Sheriff, St. Lucie County Jail, Dr. Barbara Greadington, Commissioner, Fppc and Louie L. Wainwright
green
2 sentences1989Davis v. Kemp, 752 F.2d 1515 n. 7 (11th Cir.1985); Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985). 1989Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985), cert. denied, 476 U.S. 1126 , 106 S.Ct. 1995 , 90 L.Ed.2d 675 (1986); Yost v. State, 542 So.2d 419 (Fla. 4th DCA 1989); Frazier v. State, 530 So.2d 986 (Fla. 1st DCA 1988); Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988). | 3 | 1986–1989 |
Mullaney v. Wilbur
green
2 sentences1996In Francis v. Franklin, 471 U.S. 307, 317 , 105 S.Ct. 1965, 1973 , 85 L.Ed.2d 344 (1985), the United States Supreme Court condemned the use of such presumptions, whether they are contained in statutes or jury instructions: "Such shifting of the burden of persuasion with respect to a fact which the State deems so important that it must be either proved or presumed is impermissible under the Due Process Clause." Patterson v. New York, [ 432 U.S. 197, 215 , 97 S.Ct. 2319, 2329 , 53 L.Ed.2d 281 (1977).] In Mullaney v. Wilbur, [ 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975)] we explicitly he 1996In Francis v. Franklin, 471 U.S. 307, 317 , 105 S.Ct. 1965, 1973 , 85 L.Ed.2d 344 (1985), the United States Supreme Court condemned the use of such presumptions, whether they are contained in statutes or jury instructions: "Such shifting of the burden of persuasion with respect to a fact which the State deems so important that it must be either proved or presumed is impermissible under the Due Process Clause." Patterson v. New York, [ 432 U.S. 197, 215 , 97 S.Ct. 2319, 2329 , 53 L.Ed.2d 281 (1977).] In Mullaney v. Wilbur, [ 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975)] we explicitly he | 2 | 1990–1996 |
Rolle v. State
green
2 sentences1989Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985), cert. denied, 476 U.S. 1126 , 106 S.Ct. 1995 , 90 L.Ed.2d 675 (1986); Yost v. State, 542 So.2d 419 (Fla. 4th DCA 1989); Frazier v. State, 530 So.2d 986 (Fla. 1st DCA 1988); Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988). 1988The Supreme Court has held that a mandatory rebuttable presumption such as that found in this subsection offends the constitutional requirement of due process because the defendant may only be convicted on proof beyond a reasonable doubt of every fact necessary to constitute the crime. 528 So.2d at 1209 . | 2 | 1988–1989 |
Boyde v. California
green
2 sentences2003Finally, in Boyde v. California, 494 U.S. 370 , 110 S.Ct. 1190 , 108 L.Ed.2d 316 , the Supreme Court issued a reminder that the challenged jury instruction must be considered in the context of the entire set of instructions as well as the trial record. 2003Finally, in Boyde v. California, 494 U.S. 370 , 110 S.Ct. 1190 , 108 L.Ed.2d 316 , the Supreme Court issued a reminder that the challenged jury instruction must be considered in the context of the entire set of instructions as well as the trial record. | 1 | 2003–2003 |
County Court of Ulster Cty. v. Allen
green
2 sentences1996Francis v. Franklin, 471 U.S. 307 , 314 n. 2, 105 S.Ct. 1965 , 1971 n. 2, 85 L.Ed.2d 344 (1985); Sandstrom v. Montana, 442 U.S. 510, 517 , 99 S.Ct. 2450, 2456 , 61 L.Ed.2d 39 (1979); County Court of Ulster County, N.Y. v. Allen, 442 U.S. 140, 157 , 99 S.Ct. 2213, 2225 , 60 L.Ed.2d 777 (1979). 1996Francis v. Franklin, 471 U.S. 307 , 314 n. 2, 105 S.Ct. 1965 , 1971 n. 2, 85 L.Ed.2d 344 (1985); Sandstrom v. Montana, 442 U.S. 510, 517 , 99 S.Ct. 2450, 2456 , 61 L.Ed.2d 39 (1979); County Court of Ulster County, N.Y. v. Allen, 442 U.S. 140, 157 , 99 S.Ct. 2213, 2225 , 60 L.Ed.2d 777 (1979). | 1 | 1996–1996 |
State v. Marcolini
green
1 sentence1996Id. | 1 | 1996–1996 |
Patterson v. New York
green
2 sentences1996In Francis v. Franklin, 471 U.S. 307, 317 , 105 S.Ct. 1965, 1973 , 85 L.Ed.2d 344 (1985), the United States Supreme Court condemned the use of such presumptions, whether they are contained in statutes or jury instructions: "Such shifting of the burden of persuasion with respect to a fact which the State deems so important that it must be either proved or presumed is impermissible under the Due Process Clause." Patterson v. New York, [ 432 U.S. 197, 215 , 97 S.Ct. 2319, 2329 , 53 L.Ed.2d 281 (1977).] In Mullaney v. Wilbur, [ 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975)] we explicitly he 1996In Francis v. Franklin, 471 U.S. 307, 317 , 105 S.Ct. 1965, 1973 , 85 L.Ed.2d 344 (1985), the United States Supreme Court condemned the use of such presumptions, whether they are contained in statutes or jury instructions: "Such shifting of the burden of persuasion with respect to a fact which the State deems so important that it must be either proved or presumed is impermissible under the Due Process Clause." Patterson v. New York, [ 432 U.S. 197, 215 , 97 S.Ct. 2319, 2329 , 53 L.Ed.2d 281 (1977).] In Mullaney v. Wilbur, [ 421 U.S. 684 , 95 S.Ct. 1881 , 44 L.Ed.2d 508 (1975)] we explicitly he | 1 | 1996–1996 |
Frazier v. State
green
1 sentence1989Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985), cert. denied, 476 U.S. 1126 , 106 S.Ct. 1995 , 90 L.Ed.2d 675 (1986); Yost v. State, 542 So.2d 419 (Fla. 4th DCA 1989); Frazier v. State, 530 So.2d 986 (Fla. 1st DCA 1988); Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988). | 1 | 1989–1989 |
Norvell, Sheriff, St. Lucie Jail, Et Al. v. Miller
green
2 sentences1989Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985), cert. denied, 476 U.S. 1126 , 106 S.Ct. 1995 , 90 L.Ed.2d 675 (1986); Yost v. State, 542 So.2d 419 (Fla. 4th DCA 1989); Frazier v. State, 530 So.2d 986 (Fla. 1st DCA 1988); Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988). 1989Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985), cert. denied, 476 U.S. 1126 , 106 S.Ct. 1995 , 90 L.Ed.2d 675 (1986); Yost v. State, 542 So.2d 419 (Fla. 4th DCA 1989); Frazier v. State, 530 So.2d 986 (Fla. 1st DCA 1988); Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988). | 1 | 1989–1989 |
Yost v. State
green
1 sentence1989Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985), cert. denied, 476 U.S. 1126 , 106 S.Ct. 1995 , 90 L.Ed.2d 675 (1986); Yost v. State, 542 So.2d 419 (Fla. 4th DCA 1989); Frazier v. State, 530 So.2d 986 (Fla. 1st DCA 1988); Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988). | 1 | 1989–1989 |
Hall v. State
neutral
1 sentence1988In Hall v. State, 440 So.2d 689 (Fla. 1st DCA 1983), this court held that the jury instruction at issue did not unconstitutionally shift the burden of proof to the defendant to prove his innocence. | 1 | 1988–1988 |
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.