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11 Florida opinions name it 2 courts 1967–2017 0 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 |
|---|---|---|
James Robertson v. State of Floridagreen2 sentences2017Compare Robertson v. State, 143 So.3d 907, 908-09 (Fla. 2014) (explaining that because the Legislature has mandated in section 921.141(4), Florida Statutes (2013), that “[t]he judgment of conviction and sentence of death shall be subject to automatic review by the Supreme Court of Florida,” Florida law “re quires that this Court shall automatically review every judgment of conviction and sentence of death” (alteration in original) (emphasis added)), and St. 2017Compare Robertson v. State, 143 So. 3d 907, 908-09 (Fla. 2014) (explaining that because the Legislature has mandated in section 921.141(4), Florida Statutes (2013), that “[t]he judgment of conviction and sentence of death shall be subject to automatic review by the Supreme Court of Florida,” Florida law “requires that this Court shall automatically review every judgment of conviction and sentence of death” (alteration in original) (emphasis added)), and St. | 1 | 1 |
Burton v. Stategreen1 sentence2005See Burton v. State, 844 So.2d 721, 722 (Fla. 2d DCA 2003); Duval v. State, 688 So.2d 1002 (Fla. 2d DCA 1997). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chicone v. State
red
2 sentences2011Id. (emphasis added). 2010The statute superseded Chicone v. State, 684 So.2d 736 (Fla.1996), which had held that the state was required to prove a fourth element of the offense, namely that the defendant knew of the illicit nature of the substance. | 2 | 2010–2011 |
County Court of Ulster Cty. v. Allen
green
2 sentences2008Id. 1995Allen, 99 S.Ct. at 2224-25 . | 2 | 1995–2008 |
State v. Montgomery
green
1 sentence2017The instruction on manslaughter by act was consistent with the instruction later deemed fundamentally erroneous in this Court’s decision in State v. Montgomery, 39 So.3d 252 (Fla. 2010). | 1 | 2017–2017 |
Shelton v. Secretary, Department of Corrections
green
2 sentences2012Could the state prove felony theft by proving that a Defendant was in possession of an item that belonged to another, leaving the Defendant to prove he did not take it, overcoming a permissive presumption that he did? 802 F.Supp.2d at 1308 n. 12 (citation omitted); see also Norman L. 2012Could the state prove felony theft by proving that a Defendant was in possession of an item that belonged to another, leaving the Defendant to prove he did not take it, overcoming a permissive presumption that he did? 802 F.Supp.2d at 1308 n. 12 (citation omitted); see also Norman L. | 1 | 2012–2012 |
Duval v. State
green
1 sentence2005See Burton v. State, 844 So.2d 721, 722 (Fla. 2d DCA 2003); Duval v. State, 688 So.2d 1002 (Fla. 2d DCA 1997). | 1 | 2005–2005 |
Granados Quinones v. Swiss Bank Corp.
green
1 sentence2005Id. at 274-75 . | 1 | 2005–2005 |
State v. Ferrari
green
1 sentence1988The state finds support in numerous cases decided by the Supreme Court of Florida, such as State v. Ferrari, 398 So.2d 804 (Fla. 1981); State v. Bender, 382 So.2d 697 (Fla. 1980); Fitzgerald v. State, 339 So.2d 209 (Fla. 1976); and others such as Hall v. State, 440 So.2d 689 (Fla. 1st DCA 1983). | 1 | 1988–1988 |
State v. Bender
green
1 sentence1988The state finds support in numerous cases decided by the Supreme Court of Florida, such as State v. Ferrari, 398 So.2d 804 (Fla. 1981); State v. Bender, 382 So.2d 697 (Fla. 1980); Fitzgerald v. State, 339 So.2d 209 (Fla. 1976); and others such as Hall v. State, 440 So.2d 689 (Fla. 1st DCA 1983). | 1 | 1988–1988 |
Hall v. State
neutral
1 sentence1988The state finds support in numerous cases decided by the Supreme Court of Florida, such as State v. Ferrari, 398 So.2d 804 (Fla. 1981); State v. Bender, 382 So.2d 697 (Fla. 1980); Fitzgerald v. State, 339 So.2d 209 (Fla. 1976); and others such as Hall v. State, 440 So.2d 689 (Fla. 1st DCA 1983). | 1 | 1988–1988 |
Fitzgerald v. State
green
1 sentence1988The state finds support in numerous cases decided by the Supreme Court of Florida, such as State v. Ferrari, 398 So.2d 804 (Fla. 1981); State v. Bender, 382 So.2d 697 (Fla. 1980); Fitzgerald v. State, 339 So.2d 209 (Fla. 1976); and others such as Hall v. State, 440 So.2d 689 (Fla. 1st DCA 1983). | 1 | 1988–1988 |
Gantling v. State
green
1 sentence1967Referring to a similarly worded instruction, the Florida Supreme Court, in Gantling v. State, 1898, 40 Fla. 237, 247 , 23 So. 857 , 860, noted: "* * * The instruction under consideration was calculated to impress the jury with the idea that the law would not permit them to discard the entire testimony of such a witness, where he was corroborated by some circumstance or another credible witness in the case; and it was, therefore, erroneous." For this reason the decision in Gantling was reversed, establishing as the law of this state that it is erroneous to include corroboration clauses in "fals | 1 | 1967–1967 |
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.