weight of the evidence standard (Florida) · Go Syfert
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weight of the evidence standard in Florida

12 Florida opinions name it 2 courts 1987–2022 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 (6)

CaseFollowedCited
Kelly E. Loudermilk v. Stategreen
fladistctapp · 2017 · cited in 2 Florida opinions naming this issue, 2017–2017
2 sentences

2017See Loudermilk v. State, 211 So.3d 356, 356 (Fla. 5th DCA 2017).

2017See Loudermilk v. State, 211 So. 3d 356, 356 (Fla. 5th DCA 2017).

22
Adams v. Stategreen
fladistctapp · 1982 · cited in 2 Florida opinions naming this issue, 1987–2001
2 sentences

2001See Adams v. State, 417 So.2d 826 (Fla. 1st DCA 1982) (where order denying defendant's motion for new trial raising weight of evidence issue is worded in such a way as to indicate that trial court may have limited itself to sufficiency of evidence issue, reversal and remand are required).

1987See Adams v. State, 417 So.2d 826 (Fla. 1st DCA 1982) (where order denying defendant's motion for new trial raising weight of evidence issue is worded in such a way as to indicate that trial court may have limited itself to sufficiency of evidence issue, reversal and remand are required).

22
Simpson v. Owensgreen
arizctapp · 2004 · cited in 1 Florida opinions naming this issue, 2022–2022
1 sentence

2022Arizona’s Court of Appeals relied on Passino in deciding whether an evidentiary hearing was required before determining, as - 30 - part of the decision whether to admit a defendant to bail, that “the proof is evident or the presumption great that [the defendant] is guilty of the offense and the offense charged is a capital offense.” Simpson v. Owens, 85 P.3d 478, 481 (Ariz. Ct. App. 2004).

11
King v. Stategreen
fladistctapp · 2015 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017See King v. State, 183 So.3d 1071, 1072 (Fla. 5th DCA 2015).

11
Ferebee v. Stategreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See Ferebee v. State, 967 So.2d 1071, 1072 (Fla. 2d DCA 2007) (reversing a denial of a motion for new trial because of the trial court's error in using the sufficiency of the evidence standard rather than the weight of the evidence standard).

11
Geibel v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See Geibel, 817 So.2d at 1045 .

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 (5)

CaseCitedYears
Spear v. State green
fladistctapp · 2003
1 sentence

2019This court has reversed where “the trial court’s findings indicate that the court may have applied the sufficiency of the evidence standard instead of the weight of the evidence standard.” Spear v. State, 860 So. 2d 1080 (Fla. 1st DCA 2003) (emphasis added).

12019–2019
K.D. v. Department of Children & Families green
fladistctapp · 2013
1 sentence

2018Motions for a new trial are assessed under the weight of the evidence standard, which “evaluates whether a greater amount of credible evidence supports an acquittal.” Velloso, 117 So. 3d at 905 ; see also Fla. R.

12018–2018
In Re Doe neutral
fladistctapp · 2010
1 sentence

2014See § 390.01114(4)(b)2„ Fla. Stat. (2013); In re Doe, 46 So.3d 1172 (Fla. 4th DCA 2010) (holding that the sufficiency of the evidence supported the minor’s request for waiver of parental notification); In re Doe, 973 So.2d 548 (Fla. 2d DCA 2008) (holding there was insufficient evidence to show that the minor was sufficiently mature to waive the notification requirement and to show that the waiver was in her best interests).

12014–2014
In Re Doe green
fladistctapp · 2008
1 sentence

2014See § 390.01114(4)(b)2„ Fla. Stat. (2013); In re Doe, 46 So.3d 1172 (Fla. 4th DCA 2010) (holding that the sufficiency of the evidence supported the minor’s request for waiver of parental notification); In re Doe, 973 So.2d 548 (Fla. 2d DCA 2008) (holding there was insufficient evidence to show that the minor was sufficiently mature to waive the notification requirement and to show that the waiver was in her best interests).

12014–2014
Uprevert v. State green
fladistctapp · 1987
1 sentence

2001"Therefore, where, as here, the record leaves no doubt that the trial court failed to exercise its unique discretion to assess a weight of the evidence claim, reversal and remand for appropriate findings are required." Uprevert, 507 So.2d at 164 .

12001–2001

Where else courts name it

PA 1310 (1984–2026) OH 281 (1995–2026) IA 189 (2001–2026) NY 89 (1986–2026) ND 21 (1979–2020) MO 18 (2012–2025) FL 12 (1987–2022) VT 11 (1935–2024) CT 10 (1991–2025) MD 7 (1967–2001) MS 6 (2013–2024) CA 3 (1974–2025) TX 3 (1987–1996) MA 2 (1982–1983)

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.

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