suggested exception (Florida) · Go Syfert
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suggested exception in Florida

12 Florida opinions name it 2 courts 1957–2026 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 (3)

CaseFollowedCited
State v. Townsendgreen
fla · 1994 · cited in 2 Florida opinions naming this issue, 2015–2016
2 sentences

2016See § 90.803(23)(a)(l); Townsend, 635 So.2d at 957-58 .

2015Forachildhearsaystatementto.be admissible at trial, the court must hold a hearing outside the presence of the jury to determine if the statement meets two reliability conditions: “(1) the source of the information through which the statement was reported must indicate trustworthiness; and (2) the time, content, and circumstances of the statement must reflect that the statement provides sufficient safeguards of reliability.” State v. Townsend, 635 So.2d 949, 954 (Fla.1994), Suggested factors for courts to consider in making this determination may be found in both statutory and case - law.

12
Stewart v. Bee-Dee Neon & Signs, Inc.green
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026As an alternative basis for its ruling, even disregarding Doran’s averments, the court found “there [was still] sufficient evidence to ensure compliance with Rule 4–1.12.” This appeal followed. 4 II. “[A] trial court’s decision on a motion for disqualification is reviewed for abuse of discretion. . . .” Stewart v. Bee-Dee Neon & Signs, Inc., 751 So. 2d 196, 205 (Fla. 1st DCA 2000).

11
Van Horn v. Stategreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1986–1986
1 sentence

1986We decline the defendant’s invitation to invoke a suggested exception to this rule of stare decisis, see Van Horn v. State, 485 So.2d 1380, 1381 (1986) (Schwartz, C.J., dissenting), since the United States Supreme Court has not, as yet, definitively held that the failure to notify a defendant of his right to appointed counsel renders his subsequent confession inadmissible.

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 (12)

CaseCitedYears
Hazuri v. State green
fladistctapp · 2009
1 sentence

2010Id.

12010–2010
McCarthy v. Bronson green
scotus · 1991
2 sentences

2008The Supreme Court maintained that all prisoner petitions were to be referred to magistrates because "litigation would otherwise arise in trying to identify *665 the precise contour of a petitioner's suggested exception for single episode cases." McCarthy, 500 U.S. at 143 , 111 S.Ct. 1737 .

2008The Supreme Court maintained that all prisoner petitions were to be referred to magistrates because "litigation would otherwise arise in trying to identify *665 the precise contour of a petitioner's suggested exception for single episode cases." McCarthy, 500 U.S. at 143 , 111 S.Ct. 1737 .

12008–2008
Preiser v. Rodriguez green
scotus · 1973
2 sentences

2008In reaching this result, the McCarthy Court relied heavily on its previous decision in Preiser v. Rodriguez, 411 U.S. 475 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973).

2008In reaching this result, the McCarthy Court relied heavily on its previous decision in Preiser v. Rodriguez, 411 U.S. 475 , 93 S.Ct. 1827 , 36 L.Ed.2d 439 (1973).

12008–2008
Department of Transportation v. CNL Income Fund VIII, Ltd. neutral
fladistctapp · 2002
1 sentence

2005In CNL Income Fund, the court suggested that a test for nonmonetary benefits should be whether the "work of the owner's attorney in obtaining the [nonmonetary benefit] relates directly to the issues in the eminent domain case." Id. at 149 .

12005–2005
Register v. State green
fladistctapp · 1998
1 sentence

2002For example, in Register v. State, 718 So.2d 350 (Fla. 5th DCA 1998), the court suggested that a defense request to reopen its case was not timely where it was made before closing arguments but after the state had called its single rebuttal witness.

12002–2002
Donaldson v. State green
fla · 1998
1 sentence

2002In the only remaining scenario, the law seems to be clear that a trial court does not abuse its discretion by denying a motion to reopen the defense case-in-chief where a defendant, after explicitly refusing to testify, subsequently expresses a desire to do so after closing arguments have been made and both sides have presented their respective theories of the case. 2 See Donaldson, 722 So.2d at 182 .

12002–2002
Seven-Up Bottling Company v. George Const. Corp. green
fladistctapp · 1963
1 sentence

2001Seven-Up Bottling Co., 153 So.2d 11 ; Flemenbaum v. Flemenbaum, 636 So.2d 579 (Fla. 4th DCA 1994).

12001–2001
Flemenbaum v. Flemenbaum green
fladistctapp · 1994
1 sentence

2001Seven-Up Bottling Co., 153 So.2d 11 ; Flemenbaum v. Flemenbaum, 636 So.2d 579 (Fla. 4th DCA 1994).

12001–2001
Goins v. State green
fla · 1996
2 sentences

1997The court suggested that a rule be promulgated that would allow a defendant to move to withdraw his or her plea on the ground that the sentence imposed by the judge is greater than that set forth in the *387 plea agreement and would "further provide that the failure to file such a motion would preclude the defendant from raising the issue on appeal." Id.

1997In a footnote the court suggested that "this could be accomplished by incorporating the concept into the proposed amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800 now pending before this court." Id. at 32 n. 3.

11997–1997
Clark v. State green
fla · 1978
1 sentence

1981State v. Cumbie, 380 So.2d 1031 (Fla. 1980); Clark v. State, 363 So.2d 331 (Fla. 1978).

11981–1981
State v. Cumbie green
fla · 1980
1 sentence

1981State v. Cumbie, 380 So.2d 1031 (Fla. 1980); Clark v. State, 363 So.2d 331 (Fla. 1978).

11981–1981
Sencer v. Carl's Market green
fla · 1950
1 sentence

1957In Sencer v. Carl's Markets, Inc., Fla. 1950, 45 So.2d 671 , we held that a retailer selling canned food products to the public may be held liable on an implied warranty for injuries sustained by a purchaser because of unwholesome substances in the product.

11957–1957

Where else courts name it

CA 47 (1934–2025) PA 45 (1899–2026) IL 34 (1908–2023) TX 24 (1938–2021) OH 15 (1970–2026) NC 13 (1924–2018) FL 12 (1957–2026) OR 11 (1944–2024) MO 11 (1960–2017) NY 10 (1936–2013) MA 10 (1977–2011) NJ 9 (1950–2008) AZ 9 (1965–2025) MD 8 (1974–2015) UT 7 (1917–2026) CT 6 (1940–2013) AR 6 (1950–2016) DC 6 (1959–2005) WY 6 (1967–2008) MI 6 (1957–2014) LA 6 (1975–2023) IN 5 (1924–2008) GA 5 (1983–2005) WA 5 (1970–2025) CO 4 (1986–2019) MN 4 (1897–2015) OK 4 (1932–2014) KS 4 (1964–2009) TN 4 (2004–2017) RI 3 (1982–2011) AK 3 (1980–1997) NE 3 (1951–2025) MT 3 (1928–2003) IA 2 (2001–2021) SD 2 (1979–1988) SC 2 (1984–1990) WV 2 (1955–1955) NH 2 (2006–2014) MS 2 (1972–1996) KY 2 (1919–1959) WI 2 (1977–2000)

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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