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12 Florida opinions name it 2 courts 1983–2022 2 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 |
|---|---|---|
Provenzano v. Stategreen2 sentences2022See Provenzano v. State, 616 So. 2d 428, 430 (Fla. 1993) (finding no suppression where the State’s expert referenced his notes at trial and used them while testifying). 4 For similar reasons, Booker’s newly discovered evidence claim also fails. 2022See Provenzano v. State, 616 So. 2d 428, 430 (Fla. 1993) (finding no suppression where the State’s expert referenced his notes at trial and used them while testifying). 4 For similar reasons, Booker’s newly discovered evidence claim also fails. | 2 | 2 |
Booker v. Stategreen2 sentences2010Elledge, 911 So.2d at 77 ; see also Booker v. State, 773 So.2d 1079, 1096 (Fla.2000) (rejecting Booker’s claim that the State forfeited its right to execute him under binding norms of international law). 2007This Court denied Booker's claim on the merits, noting that "[t]he introduction of this evidence would open the door to conjecture and speculation as to how much time a prisoner serves of a sentence and distract jurors from the relevant issue of what is the appropriate sentence for the murder conviction." Id. at 1088 (quoting Bates v. State, 750 So.2d 6, 11 (Fla.1999)). | 1 | 2 |
Blakely v. Washingtongreen1 sentence2018See Blakely v. Washington, 542 U.S. 296 (2004); Apprendi v. New Jersey, 530 U.S. 466 (2000). | 1 | 1 |
BONOW v. Stategreen1 sentence2012See Baugh v. State, 961 So.2d 198, 203-04 (Fla. 2007) (reiterating the rule that when the State fails to present evidence to support each and every element of its prima facie case, a judgment of acquittal should be granted); K.W., 78 So.3d at 76 (reversing for entry of a judgment of dismissal because the State did not produce evidence that K.W. knew or should have known of the victim’s injuries). | 1 | 1 |
Baugh v. Stategreen1 sentence2012See Baugh v. State, 961 So.2d 198, 203-04 (Fla. 2007) (reiterating the rule that when the State fails to present evidence to support each and every element of its prima facie case, a judgment of acquittal should be granted); K.W., 78 So.3d at 76 (reversing for entry of a judgment of dismissal because the State did not produce evidence that K.W. knew or should have known of the victim’s injuries). | 1 | 1 |
Bates v. Stategreen1 sentence2007This Court denied Booker's claim on the merits, noting that "[t]he introduction of this evidence would open the door to conjecture and speculation as to how much time a prisoner serves of a sentence and distract jurors from the relevant issue of what is the appropriate sentence for the murder conviction." Id. at 1088 (quoting Bates v. State, 750 So.2d 6, 11 (Fla.1999)). | 1 | 1 |
Zack v. Stategreen1 sentence2000See also Zack v. State, 753 So.2d 9 (Fla.2000) (upholding death penalty in case involving four aggravating circumstances, including HAC and crime committed during commission of a robbery, sexual battery, or burglary, balanced against statutory mental mitigating circumstances and three non-statutory mitigating circumstances), petition for cert. filed, (U.S. June 19, 2000) (No. 99-10062); Hildwin v. State, 727 So.2d 193, 194, 197-98 (Fla.1998) (upholding death penalty in case involving four aggravating circumstances, including HAC, prior violent felony, and under sentence of imprisonment at the | 1 | 1 |
Hildwin v. Stategreen1 sentence2000See also Zack v. State, 753 So.2d 9 (Fla.2000) (upholding death penalty in case involving four aggravating circumstances, including HAC and crime committed during commission of a robbery, sexual battery, or burglary, balanced against statutory mental mitigating circumstances and three non-statutory mitigating circumstances), petition for cert. filed, (U.S. June 19, 2000) (No. 99-10062); Hildwin v. State, 727 So.2d 193, 194, 197-98 (Fla.1998) (upholding death penalty in case involving four aggravating circumstances, including HAC, prior violent felony, and under sentence of imprisonment at the | 1 | 1 |
Nixon v. Stategreen1 sentence2000In Nixon v. State, 572 So.2d 1336, 1345 (Fla.1990), we held that a capital murder defendant, who had been convicted of three additional noncapital offenses carrying lengthy maximum penalties, was not entitled to an instruction informing the jury of the maximum sentences that could be imposed for the other crimes. | 1 | 1 |
Smith v. Stategreen1 sentence1985See Smith v. State, 453 So.2d 388 (Fla. 1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
James Ernest Hitchcock v. State of Florida
green
1 sentence2018Booker responded to this Court's order to show cause arguing why Hitchcock v. State , 226 So.3d 216 (Fla. 2017), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017), should not be dispositive in this case. | 1 | 2018–2018 |
Allen v. United States
green
1 sentence2018Booker responded to this Court's order to show cause arguing why Hitchcock v. State , 226 So.3d 216 (Fla. 2017), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017), should not be dispositive in this case. | 1 | 2018–2018 |
Apprendi v. New Jersey
green
1 sentence2018See Blakely v. Washington, 542 U.S. 296 (2004); Apprendi v. New Jersey, 530 U.S. 466 (2000). | 1 | 2018–2018 |
Sedlak v. Smith
green
1 sentence2018Booker responded to this Court's order to show cause arguing why Hitchcock v. State , 226 So.3d 216 (Fla. 2017), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017), should not be dispositive in this case. | 1 | 2018–2018 |
Hurst v. Florida
green
2 sentences2018V, § 3(b)(1), Fla. Const. Booker's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). 2018V, § 3(b)(1), Fla. Const. Booker's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). | 1 | 2018–2018 |
Gary Czajkowski v. State of Florida
red
1 sentence2018V, § 3(b)(1), Fla. Const. Booker's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). | 1 | 2018–2018 |
Cleveland v. Sharp
green
1 sentence2018V, § 3(b)(1), Fla. Const. Booker's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). | 1 | 2018–2018 |
Florida v. Hurst
red
1 sentence2018V, § 3(b)(1), Fla. Const. Booker's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017). | 1 | 2018–2018 |
Booker v. State
green
1 sentence2014In the absence of such evidence, the trial court should have granted Booker’s motion for judgment of acquittal on this charge.” Id. at 1038 . | 1 | 2014–2014 |
Elledge v. State
green
1 sentence2010Elledge, 911 So.2d at 77 ; see also Booker v. State, 773 So.2d 1079, 1096 (Fla.2000) (rejecting Booker’s claim that the State forfeited its right to execute him under binding norms of international law). | 1 | 2010–2010 |
Fitzpatrick v. State
green
1 sentence2000In arguing that death is a disproportionate penalty in this case, Booker primarily relies on our prior decision in Fitzpatrick v. State, 527 So.2d 809 (Fla.1988). | 1 | 2000–2000 |
TORTOISE ISLAND COMMUNITIES v. Moorings Association, Inc.
green
1 sentence1987Christopher v. State, 489 So.2d 22 (Fla. 1986). | 1 | 1987–1987 |
State v. Crews
green
1 sentence1987Booker's contention that our previous statement in State v. Crews, 477 So.2d at 984 , that "the trial court concluded that testimony produced at the hearing for post-conviction relief on November 14, 1983, was false and constituted a fraud on the court," requires us to find trial counsel's testimony fraudulent is without merit. | 1 | 1987–1987 |
Booker v. State
green
1 sentence1987Booker, 441 So.2d at 150-152 . | 1 | 1987–1987 |
Booker v. State
green
1 sentence1983Booker bases his petition for writ of habeas corpus on the claim that he was denied proportionality review of his sentence on his direct appeal from his conviction and sentence of death. 397 So.2d at 910 . | 1 | 1983–1983 |
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.