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.
12 Florida opinions name it 2 courts 1961–2024 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.
| Case | Followed | Cited |
|---|---|---|
State v. Powellgreen1 sentence2024Shere has not pointed to any case law, language within the ‘principal in the first degree’ statute, or anything else to demonstrate his claim that section 777.011 requires his judgment to be revised once his codefendant is convicted of a lesser degree of crime.”); see also State v. Powell, 674 So. 2d 731, 733 (Fla. 1996) (ruling that the rule of consistency, which applies when conspirators are tried together, is not applicable in Florida except “when verdicts against one defendant on legally interlocking charges are truly inconsistent”); Eaton v. State, 438 So. 2d 822, 823 (Fla. 1983) (explain | 1 | 1 |
Eaton v. Stategreen1 sentence2024Shere has not pointed to any case law, language within the ‘principal in the first degree’ statute, or anything else to demonstrate his claim that section 777.011 requires his judgment to be revised once his codefendant is convicted of a lesser degree of crime.”); see also State v. Powell, 674 So. 2d 731, 733 (Fla. 1996) (ruling that the rule of consistency, which applies when conspirators are tried together, is not applicable in Florida except “when verdicts against one defendant on legally interlocking charges are truly inconsistent”); Eaton v. State, 438 So. 2d 822, 823 (Fla. 1983) (explain | 1 | 1 |
Eaddy v. Stategreen1 sentence2013Where one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.” Beck v. Alabama, 447 U.S. 625, 633-34 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980) (quoting Keeble v. United States, 412 U.S. 205, 212-13 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973)) (emphasis added) (footnote omitted); see also Eaddy v. State, 638 So.2d 22, 25 (Fla.1994) (recognizing that this “Hob-son’s choice” creates enhanced risk of conviction for defendant and holding that, in a death penalty case, defendant was | 1 | 1 |
Brown v. Stategreen1 sentence1969See Brown v. State, Fla.1968, 206 So.2d 377 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Potts v. State
green
2 sentences2019Cf. Potts v. State, 430 So. 2d 900 (Fla. 1982) (relied on similar reasoning to hold that defendant tried separately from co-conspirator is not entitled to raise conviction of co-conspirator for a lesser offense as a bar to defendant’s conviction for a greater offense). 1996Cf. Potts v. State, 430 So.2d 900 (Fla. 1982) (relied on similar reasoning to hold that defendant tried separately from co-conspirator is not entitled to raise conviction of co-conspirator for a lesser offense as a bar to defendant's conviction for a greater offense). | 3 | 1996–2019 |
Sanford v. State
green
2 sentences1983Chikitus v. Shands, 373 So.2d 904 (Fla. 1979); Sanford v. State, 75 Fla. 393 , 78 So. 340 (1918). 414 So.2d at 1140 . 1983Chikitus v. Shands, 373 So.2d 904 (Fla. 1979); Sanford v. State, 75 Fla. 393 , 78 So. 340 (1918). 414 So.2d at 1140 . | 3 | 1967–1983 |
Chikitus v. Shands
green
2 sentences1983Chikitus v. Shands, 373 So.2d 904 (Fla. 1979); Sanford v. State, 75 Fla. 393 , 78 So. 340 (1918). 414 So.2d at 1140 . 1982Chikitus v. Shands, 373 So.2d 904 (Fla. 1979); Sanford v. State, 75 Fla. 393 , 78 So. 340 (1918). | 2 | 1982–1983 |
Jalbert v. State
green
2 sentences1966Jalbert v. State, Fla. 1957, 95 So.2d 589 ." Isaac v. State, Fla.App. 1961, 134 So.2d 38, 39 . 1961Jalbert v. State, Fla.1957, 95 So.2d 589 . | 2 | 1961–1966 |
Beck v. Alabama
green
2 sentences2013Where one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.” Beck v. Alabama, 447 U.S. 625, 633-34 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980) (quoting Keeble v. United States, 412 U.S. 205, 212-13 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973)) (emphasis added) (footnote omitted); see also Eaddy v. State, 638 So.2d 22, 25 (Fla.1994) (recognizing that this “Hob-son’s choice” creates enhanced risk of conviction for defendant and holding that, in a death penalty case, defendant was 2013Where one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.” Beck v. Alabama, 447 U.S. 625, 633-34 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980) (quoting Keeble v. United States, 412 U.S. 205, 212-13 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973)) (emphasis added) (footnote omitted); see also Eaddy v. State, 638 So.2d 22, 25 (Fla.1994) (recognizing that this “Hob-son’s choice” creates enhanced risk of conviction for defendant and holding that, in a death penalty case, defendant was | 1 | 2013–2013 |
Keeble v. United States
green
2 sentences2013Where one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.” Beck v. Alabama, 447 U.S. 625, 633-34 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980) (quoting Keeble v. United States, 412 U.S. 205, 212-13 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973)) (emphasis added) (footnote omitted); see also Eaddy v. State, 638 So.2d 22, 25 (Fla.1994) (recognizing that this “Hob-son’s choice” creates enhanced risk of conviction for defendant and holding that, in a death penalty case, defendant was 2013Where one of the elements of the offense charged remains in doubt, but the defendant is plainly guilty of some offense, the jury is likely to resolve its doubts in favor of conviction.” Beck v. Alabama, 447 U.S. 625, 633-34 , 100 S.Ct. 2382 , 65 L.Ed.2d 392 (1980) (quoting Keeble v. United States, 412 U.S. 205, 212-13 , 93 S.Ct. 1993 , 36 L.Ed.2d 844 (1973)) (emphasis added) (footnote omitted); see also Eaddy v. State, 638 So.2d 22, 25 (Fla.1994) (recognizing that this “Hob-son’s choice” creates enhanced risk of conviction for defendant and holding that, in a death penalty case, defendant was | 1 | 2013–2013 |
Sanders v. State
green
1 sentence2007As to the proper application of Ray , the supreme court explained that the analysis in Ray applies only when the court first determines that an instruction on a lesser offense was error, at which point the court is required to assess whether that error is fundamental. 944 So.2d at 206 . | 1 | 2007–2007 |
Hicks v. State
neutral
1 sentence1983Chikitus v. Shands, 373 So.2d 904 (Fla. 1979); Sanford v. State, 75 Fla. 393 , 78 So. 340 (1918). 414 So.2d at 1140 . | 1 | 1983–1983 |
State v. Febre
green
2 sentences1967Southworth v. State, 1929, 98 Fla. 1184 , 125 So. 345 ; Sanford v. State, 1918, 75 Fla. 393 , 78 So. 340 ; Greene v. City of Gulfport, Fla. 1958, 103 So.2d 115 ; State v. Fegre, 1945, 156 Fla. 149 , 23 So.2d 270 ; *537 Deeb v. State, 1938, 131 Fla. 362 , 179 So. 894 . 1967Southworth v. State, 1929, 98 Fla. 1184 , 125 So. 345 ; Sanford v. State, 1918, 75 Fla. 393 , 78 So. 340 ; Greene v. City of Gulfport, Fla. 1958, 103 So.2d 115 ; State v. Fegre, 1945, 156 Fla. 149 , 23 So.2d 270 ; *537 Deeb v. State, 1938, 131 Fla. 362 , 179 So. 894 . | 1 | 1967–1967 |
Southworth v. State
green
2 sentences1967Southworth v. State, 1929, 98 Fla. 1184 , 125 So. 345 ; Sanford v. State, 1918, 75 Fla. 393 , 78 So. 340 ; Greene v. City of Gulfport, Fla. 1958, 103 So.2d 115 ; State v. Fegre, 1945, 156 Fla. 149 , 23 So.2d 270 ; *537 Deeb v. State, 1938, 131 Fla. 362 , 179 So. 894 . 1967Southworth v. State, 1929, 98 Fla. 1184 , 125 So. 345 ; Sanford v. State, 1918, 75 Fla. 393 , 78 So. 340 ; Greene v. City of Gulfport, Fla. 1958, 103 So.2d 115 ; State v. Fegre, 1945, 156 Fla. 149 , 23 So.2d 270 ; *537 Deeb v. State, 1938, 131 Fla. 362 , 179 So. 894 . | 1 | 1967–1967 |
Deeb v. State
green
2 sentences1967Southworth v. State, 1929, 98 Fla. 1184 , 125 So. 345 ; Sanford v. State, 1918, 75 Fla. 393 , 78 So. 340 ; Greene v. City of Gulfport, Fla. 1958, 103 So.2d 115 ; State v. Fegre, 1945, 156 Fla. 149 , 23 So.2d 270 ; *537 Deeb v. State, 1938, 131 Fla. 362 , 179 So. 894 . 1967Southworth v. State, 1929, 98 Fla. 1184 , 125 So. 345 ; Sanford v. State, 1918, 75 Fla. 393 , 78 So. 340 ; Greene v. City of Gulfport, Fla. 1958, 103 So.2d 115 ; State v. Fegre, 1945, 156 Fla. 149 , 23 So.2d 270 ; *537 Deeb v. State, 1938, 131 Fla. 362 , 179 So. 894 . | 1 | 1967–1967 |
Greene v. City of Gulfport
green
1 sentence1967Southworth v. State, 1929, 98 Fla. 1184 , 125 So. 345 ; Sanford v. State, 1918, 75 Fla. 393 , 78 So. 340 ; Greene v. City of Gulfport, Fla. 1958, 103 So.2d 115 ; State v. Fegre, 1945, 156 Fla. 149 , 23 So.2d 270 ; *537 Deeb v. State, 1938, 131 Fla. 362 , 179 So. 894 . | 1 | 1967–1967 |
State Ex Rel. Interlandi v. Petteway
neutral
2 sentences1966Interlandi v. Petteway, 1934, 114 Fla. 850 , 155 So. 319 ." "A charge of breaking and entering with intent to commit a felony necessarily includes as a lesser offense a violation of Section 810.05, Florida Statutes, F.S.A. 1966Interlandi v. Petteway, 1934, 114 Fla. 850 , 155 So. 319 ." "A charge of breaking and entering with intent to commit a felony necessarily includes as a lesser offense a violation of Section 810.05, Florida Statutes, F.S.A. | 1 | 1966–1966 |
Isaac v. State
green
1 sentence1966Jalbert v. State, Fla. 1957, 95 So.2d 589 ." Isaac v. State, Fla.App. 1961, 134 So.2d 38, 39 . | 1 | 1966–1966 |
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.