Witherspoon test (Florida) · Go Syfert
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Witherspoon test in Florida

14 Florida opinions name it 2 courts 1969–1996 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 (4)

CaseFollowedCited
Chandler v. Stategreen
fla · 1983 · cited in 1 Florida opinions naming this issue, 1996–1996
2 sentences

1996We found that "at least two of the venire members for whom the State was granted cause challenges never came close to expressing the unyielding conviction and rigidity regarding the death penalty which would allow their excusal for cause under the Witherspoon standard." Id. at 173-74.

1996We found that "at least two of the venire members for whom the State was granted cause challenges never came close to expressing the unyielding conviction and rigidity regarding the death penalty which would allow their excusal for cause under the Witherspoon standard." Id. at 173-74.

11
Sullivan v. Askewgreen
fla · 1977 · cited in 1 Florida opinions naming this issue, 1977–1977
1 sentence

1977Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968). [1] See Sullivan v. Askew, 348 So.2d 312, 317 (Fla. 1977) (concurring opinion). [2] Appellant's execution has been scheduled for 8:30 a.m. on September 19.

11
State v. Peelegreen
nc · 1968 · cited in 1 Florida opinions naming this issue, 1969–1969
2 sentences

1969For voir dire procedure in light of Witherspoon used in other jurisdictions, see: State v. Peele, 274 N.C. 106 , 161 S.E.2d 568 at 573 (1968); Commonwealth v. Wilson, 431 Pa. 21 , 244 A.2d 734 at 739 (1968); and State v. Mathis, supra. Having considered the assignments of error and having examined the entire record as required by F.S. 924.32(2), F.S.A., we are satisfied that appellant was justly convicted and the judgment is affirmed.

1969For voir dire procedure in light of Witherspoon used in other jurisdictions, see: State v. Peele, 274 N.C. 106 , 161 S.E.2d 568 at 573 (1968); Commonwealth v. Wilson, 431 Pa. 21 , 244 A.2d 734 at 739 (1968); and State v. Mathis, supra. Having considered the assignments of error and having examined the entire record as required by F.S. 924.32(2), F.S.A., we are satisfied that appellant was justly convicted and the judgment is affirmed.

11
Commonwealth v. Wilsongreen
pa · 1968 · cited in 1 Florida opinions naming this issue, 1969–1969
2 sentences

1969For voir dire procedure in light of Witherspoon used in other jurisdictions, see: State v. Peele, 274 N.C. 106 , 161 S.E.2d 568 at 573 (1968); Commonwealth v. Wilson, 431 Pa. 21 , 244 A.2d 734 at 739 (1968); and State v. Mathis, supra. Having considered the assignments of error and having examined the entire record as required by F.S. 924.32(2), F.S.A., we are satisfied that appellant was justly convicted and the judgment is affirmed.

1969For voir dire procedure in light of Witherspoon used in other jurisdictions, see: State v. Peele, 274 N.C. 106 , 161 S.E.2d 568 at 573 (1968); Commonwealth v. Wilson, 431 Pa. 21 , 244 A.2d 734 at 739 (1968); and State v. Mathis, supra. Having considered the assignments of error and having examined the entire record as required by F.S. 924.32(2), F.S.A., we are satisfied that appellant was justly convicted and the judgment is affirmed.

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 (13)

CaseCitedYears
Wainwright v. Witt green
scotus · 1985
2 sentences

1994The Witherspoon standard was modified in Wainwright v. Witt, 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985).

1994The Witherspoon standard was modified in Wainwright v. Witt, 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985).

41985–1994
Witherspoon v. Illinois green
scotus · 1968
2 sentences

1983For in Witherspoon , the Supreme Court specifically stated that their holding does not "render invalid the conviction, as opposed to the sentence, in this or any other case." 391 U.S. at 522 n. 21, 88 S.Ct. at 1777 n. 21 (emphasis in original).

1983For in Witherspoon , the Supreme Court specifically stated that their holding does not "render invalid the conviction, as opposed to the sentence, in this or any other case." 391 U.S. at 522 n. 21, 88 S.Ct. at 1777 n. 21 (emphasis in original).

41977–1983
Adams v. Texas green
scotus · 1980
2 sentences

1994Under Wainwright , a prospective juror can be excused for cause if the juror's views on capital punishment would "prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath." 469 U.S. at 424 , 105 S.Ct. at 852 (quoting Adams v. Texas, 448 U.S. 38, 45 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)).

1994Under Wainwright , a prospective juror can be excused for cause if the juror's views on capital punishment would "prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath." 469 U.S. at 424 , 105 S.Ct. at 852 (quoting Adams v. Texas, 448 U.S. 38, 45 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)).

21985–1994
Maggard v. State green
fla · 1981
1 sentence

1982Recently, in Maggard v. State, 399 So.2d 973 (Fla. 1981), we considered the necessity for an objection when a Witherspoon violation is claimed, and we explained the reason for requiring an objection.

11982–1982
Riley v. State green
fla · 1978
2 sentences

1980We rejected this novel approach in Riley v. State, 366 So.2d 19 (Fla. 1978), and reaffirm that holding.

1980We rejected this novel approach in Riley v. State, 366 So.2d 19 (Fla. 1978), and reaffirm that holding.

11980–1980
Magill v. State green
fla · 1980
2 sentences

1980We *335 most recently applied the Witherspoon test in Magill v. Florida, 386 So.2d 1188 (Fla. 1980).

1980We *335 most recently applied the Witherspoon test in Magill v. Florida, 386 So.2d 1188 (Fla. 1980).

11980–1980
Burch v. State green
fla · 1977
2 sentences

1977Burch v. State, 343 So.2d 831 (Fla. 1977).

1977Burch v. State, 343 So.2d 831 (Fla. 1977).

11977–1977
McCaskill v. State green
fla · 1977
2 sentences

1977None of these cases addressed the issue of whether an alleged Witherspoon violation can be waived. [1] Williams v. State, 344 So.2d 1276 (Fla. 1977).

1977None of these cases addressed the issue of whether an alleged Witherspoon violation can be waived. [1] Williams v. State, 344 So.2d 1276 (Fla. 1977).

11977–1977
Williams v. Tennessee green
scotus · 1971
2 sentences

1972Wilson v. Florida, 403 U.S. 947 , 91 S.Ct. 2286 , 29 L.Ed.2d 858 .

1972Wilson v. Florida, 403 U.S. 947 , 91 S.Ct. 2286 , 29 L.Ed.2d 858 .

11972–1972
Quintana v. Texas green
scotus · 1971
2 sentences

1972Wilson v. Florida, 403 U.S. 947 , 91 S.Ct. 2286 , 29 L.Ed.2d 858 .

1972Wilson v. Florida, 403 U.S. 947 , 91 S.Ct. 2286 , 29 L.Ed.2d 858 .

11972–1972
Boulden v. Holman green
scotus · 1969
2 sentences

1971These cases are Boulden v. Holman, 394 U.S. 478 , 89 S.Ct. 1138 , 22 L.Ed.2d 433 (1969), and Maxwell v. Bishop, 398 U.S. 262 , 90 S.Ct. 1578 , 26 L.Ed.2d 221 (1970).

1971These cases are Boulden v. Holman, 394 U.S. 478 , 89 S.Ct. 1138 , 22 L.Ed.2d 433 (1969), and Maxwell v. Bishop, 398 U.S. 262 , 90 S.Ct. 1578 , 26 L.Ed.2d 221 (1970).

11971–1971
Maxwell v. Bishop green
scotus · 1970
2 sentences

1971These cases are Boulden v. Holman, 394 U.S. 478 , 89 S.Ct. 1138 , 22 L.Ed.2d 433 (1969), and Maxwell v. Bishop, 398 U.S. 262 , 90 S.Ct. 1578 , 26 L.Ed.2d 221 (1970).

1971These cases are Boulden v. Holman, 394 U.S. 478 , 89 S.Ct. 1138 , 22 L.Ed.2d 433 (1969), and Maxwell v. Bishop, 398 U.S. 262 , 90 S.Ct. 1578 , 26 L.Ed.2d 221 (1970).

11971–1971
Metzger v. State green
· 1881
2 sentences

1969F.S. 932.20, F.S.A., the initial predecessor of which was enacted with essentially the same wording in 1868, specifies: "No person whose opinions are such as to preclude him from finding any defendant guilty of an offense punishable with death shall be allowed to serve as a juror on the trial of any capital case." (Emphasis supplied.) *380 In 1881, this court recognized that "the object of this statute is to prevent persons going upon a jury who would refuse from scruples of conscience to find a verdict of guilty, or for some reason other than a want of sufficient proof, and to procure juries

1969F.S. 932.20, F.S.A., the initial predecessor of which was enacted with essentially the same wording in 1868, specifies: "No person whose opinions are such as to preclude him from finding any defendant guilty of an offense punishable with death shall be allowed to serve as a juror on the trial of any capital case." (Emphasis supplied.) *380 In 1881, this court recognized that "the object of this statute is to prevent persons going upon a jury who would refuse from scruples of conscience to find a verdict of guilty, or for some reason other than a want of sufficient proof, and to procure juries

11969–1969

Statutes the citing opinions construe

FL § 921.141 (8)

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

TX 55 (1969–2015) CA 47 (1968–2025) PA 17 (1970–2018) GA 17 (1970–2000) MS 15 (1970–2003) AL 14 (1883–1997) FL 14 (1969–1996) LA 13 (1976–2018) MO 11 (1972–2002) DE 8 (1980–1988) OH 8 (1969–2011) TN 8 (1971–2006) AR 8 (1978–2022) IL 8 (1985–2007) NJ 5 (1971–1991) IN 5 (1982–1999) OK 5 (1982–2013) ID 4 (1991–2023) NM 3 (1983–2005) KY 3 (1972–2010) WA 3 (1971–2012) UT 2 (1980–1986) OR 2 (1990–2019) CT 2 (1996–2004) VA 2 (1985–1995) MD 2 (1985–1994) NY 2 (2004–2004) AZ 2 (1987–2000)

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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