refusal to give instruction in Florida

14 Florida opinions name it 2 courts 1903–2010 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 (5)

Case	Followed	Cited
State v. Abreaugreen fla · 1978 · cited in 2 Florida opinions naming this issue, 1981–1992 2 sentences 1992See State v. Abreau, 363 So.2d 1063 (Fla.1978). 1981State v. Abreau, 363 So.2d 1063 (Fla.1978), cert, denied 376 So.2d 68 (1979); Hunter v. State, 389 So.2d 661 (Fla. 4th DCA 1980).	1	2
Holland v. Stategreen fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 1997–1997 1 sentence 1997See, e.g., Holland v. State, 634 So.2d 813 (Fla. 1st DCA 1994); Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993).	1	1
RD JACKSON v. Harsco Corp.green fladistctapp · 1978 · cited in 1 Florida opinions naming this issue, 1993–1993 1 sentence 1993While a party must normally make a written request for a jury instruction in order to claim the failure to give such instruction as error on appeal, Rabren v. Straigis, 498 So.2d 1362, 1364 (Fla. 2d DCA 1986); Jackson v. Harsco Corp., 364 So.2d 808, 810 (Fla. 3d DCA 1978), cert. denied, 376 So.2d 72 (Fla. 1979), we have previously recognized exceptions to this rule.	1	1
Rabren v. Straigisgreen fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1993–1993 1 sentence 1993While a party must normally make a written request for a jury instruction in order to claim the failure to give such instruction as error on appeal, Rabren v. Straigis, 498 So.2d 1362, 1364 (Fla. 2d DCA 1986); Jackson v. Harsco Corp., 364 So.2d 808, 810 (Fla. 3d DCA 1978), cert. denied, 376 So.2d 72 (Fla. 1979), we have previously recognized exceptions to this rule.	1	1
State v. Wimberlygreen fla · 1986 · cited in 1 Florida opinions naming this issue, 1987–1987 1 sentence 1987See State v. Wimberly, 498 So.2d 929 (Fla. 1986) (an instruction must be given on necessarily lesser included offenses).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Evans v. State green fladistctapp · 2002 1 sentence 2010The refusal to give an instruction where evidence supports it is legal error.” Evans, 831 So.2d at 810 .	1	2010–2010
Rigdon v. State green fladistctapp · 1993 1 sentence 1997See, e.g., Holland v. State, 634 So.2d 813 (Fla. 1st DCA 1994); Rigdon v. State, 621 So.2d 475 (Fla. 4th DCA 1993).	1	1997–1997
State v. DiGuilio green fla · 1986 1 sentence 1994Cooper ; State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).	1	1994–1994
Tascano v. State green fla · 1980 1 sentence 1981We are once again confronted with the problem which results from the interaction between the supreme court's opinion in Tascano v. State, 393 So.2d 540 (Fla. 1980) and the requirement that an error resulting from the refusal to give an instruction must be appropriately preserved in the trial court to be considered on appeal.	1	1981–1981
Hunter v. State green fladistctapp · 1980 1 sentence 1981State v. Abreau, 363 So.2d 1063 (Fla.1978), cert, denied 376 So.2d 68 (1979); Hunter v. State, 389 So.2d 661 (Fla. 4th DCA 1980).	1	1981–1981
Goodyear Tire & Rubber Co. v. Hughes Supply, Inc. green fla · 1978 1 sentence 1978Goodyear Tire and Rubber Co. v. Hughes Supply, Inc., 358 So.2d 1339 , Case No. 50-411 (Fla., 1978).	1	1978–1978
Darvie v. AMERICAN BANKERS INSURANCE CO. OF FLA. neutral lactapp · 1955 1 sentence 1969Compare: Darvie v. American Bankers Insurance Company of Florida, La.App.1955, 80 So.2d 541 .	1	1969–1969
McAden v. State green fla · 1945 2 sentences 1968The withholding of production to defense counsel of the police report has been settled adversely to defendant in several cases: McAden v. State, 1945, 155 Fla. 523 , 21 So.2d 33 ; State v. Lampp, Fla.App. 1963, 155 So.2d 10 ; State v. McCall, Fla. App. 1966, 186 So.2d 324 . 1968The withholding of production to defense counsel of the police report has been settled adversely to defendant in several cases: McAden v. State, 1945, 155 Fla. 523 , 21 So.2d 33 ; State v. Lampp, Fla.App. 1963, 155 So.2d 10 ; State v. McCall, Fla. App. 1966, 186 So.2d 324 .	1	1968–1968
State v. McCall neutral fladistctapp · 1966 1 sentence 1968The withholding of production to defense counsel of the police report has been settled adversely to defendant in several cases: McAden v. State, 1945, 155 Fla. 523 , 21 So.2d 33 ; State v. Lampp, Fla.App. 1963, 155 So.2d 10 ; State v. McCall, Fla. App. 1966, 186 So.2d 324 .	1	1968–1968
State v. Lampp green fladistctapp · 1963 1 sentence 1968The withholding of production to defense counsel of the police report has been settled adversely to defendant in several cases: McAden v. State, 1945, 155 Fla. 523 , 21 So.2d 33 ; State v. Lampp, Fla.App. 1963, 155 So.2d 10 ; State v. McCall, Fla. App. 1966, 186 So.2d 324 .	1	1968–1968
Johnson v. Railway Express Agency, Inc. neutral ca7 · 1942 1 sentence 1965A bicycle is not a vehicle coming within the provisions of Chapter 317, Florida Statutes, F.S.A., Haynes v. Sprague, 1931, 137 Or. 23 , 295 P. 964, 965 ; Johnson v. Railway Express Agency, Inc., 7 Cir. 1943, 131 F.2d 1009 , and the refusal to give instructions on Section 317.27 was not error.	1	1965–1965
Haynes v. Sprague neutral or · 1931 2 sentences 1965A bicycle is not a vehicle coming within the provisions of Chapter 317, Florida Statutes, F.S.A., Haynes v. Sprague, 1931, 137 Or. 23 , 295 P. 964, 965 ; Johnson v. Railway Express Agency, Inc., 7 Cir. 1943, 131 F.2d 1009 , and the refusal to give instructions on Section 317.27 was not error. 1965A bicycle is not a vehicle coming within the provisions of Chapter 317, Florida Statutes, F.S.A., Haynes v. Sprague, 1931, 137 Or. 23 , 295 P. 964, 965 ; Johnson v. Railway Express Agency, Inc., 7 Cir. 1943, 131 F.2d 1009 , and the refusal to give instructions on Section 317.27 was not error.	1	1965–1965
Haddock v. State green fla · 1939 1 sentence 1950Haddock v. State, 141 Fla. 132 , 192 So. 803 , and similar cases.	1	1950–1950
Lester v. State green fla · 1896 1 sentence 1903Lester v. State, 37 Fla. 382 , 20 South.	1	1903–1903

Where else courts name it

CA 73 (1893–2026) IL 48 (1898–2020) IN 37 (1891–2019) WV 35 (1948–2022) MO 25 (1901–2019) AR 24 (1909–2023) KS 24 (1889–2019) OK 16 (1921–2026) AZ 14 (1933–2025) WA 14 (1926–2025) FL 14 (1903–2010) HI 11 (1904–2015) OR 9 (1922–2020) NE 9 (1892–2023) MI 9 (1969–2018) ID 6 (1915–1985) KY 6 (1933–2025) NM 6 (1969–2023) OH 5 (1896–2016) IA 5 (1915–2022) DC 5 (1979–2020) TX 5 (1972–1993) GA 4 (1923–1991) NV 4 (1976–2018) NC 4 (1931–2019) WI 4 (1911–2014) MA 4 (1931–2000) WY 4 (1927–1995) MD 4 (1991–2019) MT 3 (1928–1978) NY 3 (1872–1902) ME 3 (1920–1981) VA 3 (1948–1992) LA 2 (1998–2000) CT 2 (1974–1992) AK 2 (1969–1974) TN 2 (1992–2009) UT 2 (1931–1987)

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.

← Caselaw search · G Cite Topics · Brief Check