judge-made rule (Florida) · Go Syfert
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judge-made rule in Florida

11 Florida opinions name it 2 courts 1971–2022 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.

Followed or applied (8)

CaseFollowedCited
Fernandez v. Stategreen
fla · 1999 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Accordingly, we do not review the proportionality of Deviney’s sentence of death. - 11 - (quoting Fernandez v. State, 730 So. 2d 277, 281 (Fla. 1999)).

11
State v. Schoppgreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Perez v. State, 620 So.2d 1256, 1267 (Fla. 1993) (Shaw, J., dissenting); see also State v. Gray, 654 So.2d 552, 554 (Fla.1995) ("Stare decisis provides stability to the law and to the society governed by that law.") (citing State v. Schopp, 653 So.2d 1016 (Fla.1995) (Harding, J., dissenting)).

11
State v. Graygreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Perez v. State, 620 So.2d 1256, 1267 (Fla. 1993) (Shaw, J., dissenting); see also State v. Gray, 654 So.2d 552, 554 (Fla.1995) ("Stare decisis provides stability to the law and to the society governed by that law.") (citing State v. Schopp, 653 So.2d 1016 (Fla.1995) (Harding, J., dissenting)).

11
Perez v. Stategreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Perez v. State, 620 So.2d 1256, 1267 (Fla. 1993) (Shaw, J., dissenting); see also State v. Gray, 654 So.2d 552, 554 (Fla.1995) ("Stare decisis provides stability to the law and to the society governed by that law.") (citing State v. Schopp, 653 So.2d 1016 (Fla.1995) (Harding, J., dissenting)).

11
Siegel v. Siegelgreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993See Siegel, 575 So.2d at 1271 ; cf. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979).

11
Great Northern Railway Co. v. Sunburst Oil & Refining Co.green
scotus · 1932 · cited in 1 Florida opinions naming this issue, 1984–1984
2 sentences

1984See also Kratz v. Newsome, 251 So.2d 539, 541 (Fla. 2d DCA 1971), where Judge Mann referred to the law as being "full of instances in which a judge-made rule, relied on by trial judges, is altered for the future by the candid recognition that the rule ought to be different from now on." There were a number of instances of non-retroactive judicial decisions even before Mr. Justice Cardozo brought the doctrine into focus in Great Northern Railway Co. v. Sunburst Oil & Refining Co., 287 U.S. 358 , 53 S.Ct. 145 , 77 L.Ed. 360 (1932); Schaefer, The Control of "Sunbursts": Techniques of Prospective

1984See also Kratz v. Newsome, 251 So.2d 539, 541 (Fla. 2d DCA 1971), where Judge Mann referred to the law as being "full of instances in which a judge-made rule, relied on by trial judges, is altered for the future by the candid recognition that the rule ought to be different from now on." There were a number of instances of non-retroactive judicial decisions even before Mr. Justice Cardozo brought the doctrine into focus in Great Northern Railway Co. v. Sunburst Oil & Refining Co., 287 U.S. 358 , 53 S.Ct. 145 , 77 L.Ed. 360 (1932); Schaefer, The Control of "Sunbursts": Techniques of Prospective

11
Kratz v. Newsomgreen
fladistctapp · 1971 · cited in 1 Florida opinions naming this issue, 1984–1984
1 sentence

1984See also Kratz v. Newsome, 251 So.2d 539, 541 (Fla. 2d DCA 1971), where Judge Mann referred to the law as being "full of instances in which a judge-made rule, relied on by trial judges, is altered for the future by the candid recognition that the rule ought to be different from now on." There were a number of instances of non-retroactive judicial decisions even before Mr. Justice Cardozo brought the doctrine into focus in Great Northern Railway Co. v. Sunburst Oil & Refining Co., 287 U.S. 358 , 53 S.Ct. 145 , 77 L.Ed. 360 (1932); Schaefer, The Control of "Sunbursts": Techniques of Prospective

11
Cooper v. Stategreen
fladistctapp · 1978 · cited in 1 Florida opinions naming this issue, 1979–1979
1 sentence

1979In the instant proceeding the trial judge made no inquiry whatsoever but merely stated: "I am sure that if there was any Brady material available it would long since have been supplied to the defendant or his counsel." 356 So.2d at 913, fn. 2 .

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 (7)

CaseCitedYears
Blannie S. Wilson, Administratrix of the Estate of Henry J. Wilson, Deceased v. Johns-Manville Sales Corporation green
cadc · 1982
2 sentences

2012As then-Judge Ginsburg wrote in Wilson v. Johns-Manville Sales Corp., 684 F.2d 111 (D.C.Cir.1982): “In latent disease cases, this community interest [in balancing the interests of the parties and producing a fair resolution] would be significantly undermined by a judge-made rule that upon manifestation of any harm, the injured party must then, if ever, sue for all harms the same exposure may (or may not) occasion some time in the future.” Id. at 119 . [[Image here]] We, therefore, are confident that a Rhode Island court would not deem cancer to be so foreseeably related to the very beginning o

2012As then-Judge Ginsburg wrote in Wilson v. Johns-Manville Sales Corp., 684 F.2d 111 (D.C.Cir.1982): “In latent disease cases, this community interest [in balancing the interests of the parties and producing a fair resolution] would be significantly undermined by a judge-made rule that upon manifestation of any harm, the injured party must then, if ever, sue for all harms the same exposure may (or may not) occasion some time in the future.” Id. at 119 . [[Image here]] We, therefore, are confident that a Rhode Island court would not deem cancer to be so foreseeably related to the very beginning o

22012–2012
Richardson v. State green
fla · 1971
1 sentence

2022Richardson v. State, 246 So. 2d 771 (Fla. 1971). 7.

12022–2022
Erie Railroad v. Tompkins green
scotus · 1938
2 sentences

2007Co. v. Tompkins, 304 U.S. 64 [, 58 S.Ct. 817 , 82 L.Ed. 1188 ] (1938). 509 U.S. at 585-89 , 113 S.Ct. 2786 (emphasis supplied).

2007Co. v. Tompkins, 304 U.S. 64 [, 58 S.Ct. 817 , 82 L.Ed. 1188 ] (1938). 509 U.S. at 585-89 , 113 S.Ct. 2786 (emphasis supplied).

12007–2007
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
2 sentences

2007Co. v. Tompkins, 304 U.S. 64 [, 58 S.Ct. 817 , 82 L.Ed. 1188 ] (1938). 509 U.S. at 585-89 , 113 S.Ct. 2786 (emphasis supplied).

2007Co. v. Tompkins, 304 U.S. 64 [, 58 S.Ct. 817 , 82 L.Ed. 1188 ] (1938). 509 U.S. at 585-89 , 113 S.Ct. 2786 (emphasis supplied).

12007–2007
Bello v. State green
fla · 1989
1 sentence

1997Because the trial judge made no inquiry into the necessity for the shackling, the defendant is entitled to a new sentencing proceeding before a jury. 547 So.2d at 918 .

11997–1997
Applegate v. Barnett Bank of Tallahassee green
fla · 1979
1 sentence

1993See Siegel, 575 So.2d at 1271 ; cf. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979).

11993–1993
McPherson v. State green
fladistctapp · 1970
1 sentence

1971This court in McPherson v. State, 237 So.2d 18 (1970), stated: “ * * * we deem it appropriate to invite the attention of trial courts to the importance of causing the record of the proceedings conducted by them on a plea of guilty or nolo contendere to clearly reflect that the plea was knowingly and understanding^ tendered by the defendant and was voluntarily made free from any threats, intimidation, coercion, promises or inducements of any kind.” This court then stated therein that the proper method for seeking such a review would be pursuant to procedure authorized by Criminal Procedure Rule

11971–1971

Where else courts name it

CA 55 (1936–2026) TN 40 (1977–2025) PA 18 (1930–2024) NC 16 (1932–2022) MA 13 (1955–2025) MI 12 (1962–2021) TX 12 (1982–2025) OH 12 (1985–2022) CO 11 (1975–2026) FL 11 (1971–2022) IL 11 (1970–2021) NJ 10 (1933–2026) NY 9 (1972–2024) OR 8 (1944–2017) UT 8 (1991–2021) WA 8 (1992–2021) DC 7 (1996–2020) WI 7 (1984–2008) DE 6 (1968–2024) MD 5 (1995–2026) IA 5 (1969–2019) HI 4 (1968–2001) VA 4 (1987–2016) GA 3 (1997–2025) AR 3 (1997–1998) KS 3 (1996–2020) AZ 3 (2001–2014) ME 3 (1982–2001) SD 3 (1992–1997) MO 3 (2004–2021) IN 3 (1975–1991) SC 3 (1970–2000) AL 2 (1982–2014) WV 2 (2018–2023) MN 2 (1954–2000) NV 2 (1982–2018)

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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