discrete analysis (Florida) · Go Syfert
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discrete analysis in Florida

12 Florida opinions name it 2 courts 1995–2024 1 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 (2)

CaseFollowedCited
Terry v. Stategreen
fla · 1996 · cited in 7 Florida opinions naming this issue, 1997–2008
2 sentences

2008Further, this Court has stated: Proportionality review "requires a discrete analysis of the facts," Terry v. State, 668 So.2d 954, 965 (Fla.1996), entailing a qualitative review by this Court of the underlying basis for each *533 aggravator and mitigator rather than a quantitative analysis.

2005In Urbin v. State, 714 So.2d 411 (Fla.1998), we explained our proportionality review: Proportionality review "requires a discrete analysis of the facts," Terry v. State, 668 So.2d 954, 965 (Fla.1996), entailing a qualitative review by this Court of the underlying basis for each aggravator and mitigator rather than a quantitative analysis.

67
Urbin v. Stategreen
fla · 1998 · cited in 4 Florida opinions naming this issue, 2001–2008
2 sentences

2008Urbin, 714 So.2d at 416 .

2005In Urbin v. State, 714 So.2d 411 (Fla.1998), we explained our proportionality review: Proportionality review "requires a discrete analysis of the facts," Terry v. State, 668 So.2d 954, 965 (Fla.1996), entailing a qualitative review by this Court of the underlying basis for each aggravator and mitigator rather than a quantitative analysis.

14

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
Tillman v. State green
fla · 1991
2 sentences

2005We underscored this imperative in Tillman v. State, 591 So.2d 167 (Fla.1991): We have described the "proportionality review" conducted by this Court as follows: Because death is a unique punishment, it is necessary in each case to engage in a thoughtful, deliberate proportionality review to consider the totality of circumstances in a case, and to compare it with other capital cases.

2002We underscored this imperative in Tillman v. State, 591 So.2d 167 (Fla.1991): We have described the "proportionality review" conducted by this Court as follows: Because death is a unique punishment, it is necessary in each case to engage in a thoughtful, deliberate proportionality review to consider the totality of circumstances in a case, and to compare it with other capital cases.

41998–2005
Johnson v. Levine green
fladistctapp · 1999
2 sentences

2024The court said: We read section 44.103 to operate on discrete claims, so that the request of any one of two adverse parties to a discrete claim would be sufficient to require a trial de novo on that claim; but that the failure of all adverse parties to a separate and discrete claim within a multi-claim, multi-party lawsuit to request a trial do novo would not end up requiring an omnibus trial on all other claims against all parties. 20 Id. at 1240 .

2003Because neither Bath & Body Works nor the Morgans filed a motion for trial de novo, under the holdings of Venetoff, 732 So.2d 453 , and Johnson, 736 So.2d 1235 , the trial court properly entered judgment based upon the arbitrator's decision as to that cause of action.

22003–2024
Venetoff v. Papas green
fladistctapp · 1999
1 sentence

2003Because neither Bath & Body Works nor the Morgans filed a motion for trial de novo, under the holdings of Venetoff, 732 So.2d 453 , and Johnson, 736 So.2d 1235 , the trial court properly entered judgment based upon the arbitrator's decision as to that cause of action.

12003–2003
Porter v. State green
fla · 1990
1 sentence

1996Porter, 564 So.2d at 1064 .

11996–1996
Barragan v. City of Miami green
fla · 1989
1 sentence

1995He seeks an "increase [in] the amount of workers' compensation to offset illegal deductions [from his pension benefits] made on the account of the payment of workers' compensation benefits." Barragan, 545 So.2d at 253 .

11995–1995

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

PA 86 (2002–2026) VA 40 (2002–2026) NY 21 (1978–2022) MI 19 (1976–2022) NC 13 (2008–2025) FL 12 (1995–2024) CA 11 (1983–2025) IN 10 (1980–2020) TX 10 (1986–2024) OH 7 (2002–2021) MA 7 (2001–2020) IL 6 (2002–2009) OR 5 (1977–2019) GA 5 (1996–2014) NJ 5 (2000–2025) SD 4 (2020–2025) IA 3 (2011–2020) AZ 3 (1991–2001) MO 3 (1991–2019) WV 2 (2015–2025) CO 2 (1998–2000) HI 2 (2001–2006) WA 2 (2017–2023) KY 2 (2013–2026) UT 2 (2014–2021) DC 2 (2013–2015) ND 2 (1990–1993) MD 2 (2002–2008)

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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