permissive presumption (Florida) · Go Syfert
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permissive presumption in Florida

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.

Followed or applied (2)

CaseFollowedCited
James Robertson v. State of Floridagreen
fla · 2014 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

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 “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.

11
Burton v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See Burton v. State, 844 So.2d 721, 722 (Fla. 2d DCA 2003); Duval v. State, 688 So.2d 1002 (Fla. 2d DCA 1997).

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 (11)

CaseCitedYears
Chicone v. State red
fla · 1996
2 sentences

2011Id. (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2010The statute superseded Chicone v. State, 684 So.2d 736 (Fla.1996), which had held that the state was required to prove a fourth element of the offense, namely that the defendant knew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.

22010–2011
County Court of Ulster Cty. v. Allen green
scotus · 1979
2 sentences

2008Id.

1995Allen, 99 S.Ct. at 2224-25 .

21995–2008
State v. Montgomery green
fla · 2010
1 sentence

2017The 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).

12017–2017
Shelton v. Secretary, Department of Corrections green
flmd · 2011
2 sentences

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.

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.

12012–2012
Duval v. State green
fladistctapp · 1997
1 sentence

2005See Burton v. State, 844 So.2d 721, 722 (Fla. 2d DCA 2003); Duval v. State, 688 So.2d 1002 (Fla. 2d DCA 1997).

12005–2005
Granados Quinones v. Swiss Bank Corp. green
fla · 1987
1 sentence

2005Id. at 274-75 .

12005–2005
State v. Ferrari green
fla · 1981
1 sentence

1988The 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).

11988–1988
State v. Bender green
fla · 1980
1 sentence

1988The 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).

11988–1988
Hall v. State neutral
fladistctapp · 1983
1 sentence

1988The 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).

11988–1988
Fitzgerald v. State green
fla · 1976
1 sentence

1988The 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).

11988–1988
Gantling v. State green
fla · 1898
1 sentence

1967Referring 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

11967–1967

Statutes the citing opinions construe

FL § 893.101 (3)

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.

Where else courts name it

IA 80 (1984–2026) IL 60 (1980–2023) TX 56 (1952–2025) CA 38 (1920–2025) GA 31 (1979–2025) NY 25 (1957–2023) KS 14 (1980–2023) AZ 14 (1981–2024) PA 11 (1983–2024) FL 11 (1967–2017) LA 11 (1979–2020) OH 10 (1982–2022) MI 9 (1953–2015) NJ 9 (1908–2025) WI 7 (1909–2022) WA 6 (1974–2010) WV 6 (1967–2003) VA 6 (1918–2024) NC 6 (1980–2018) AL 6 (1992–2015) MT 6 (1963–1990) DC 5 (1987–2021) CO 5 (1985–2025) WY 5 (1983–2015) CT 5 (1980–2024) TN 4 (1958–2007) MA 4 (1975–2013) MN 3 (1997–2013) DE 3 (1990–2025) MS 3 (1974–1999) VT 3 (1971–2021) NM 3 (1989–2016) NV 2 (1966–1992) AR 2 (1998–1998) HI 2 (1987–2007) UT 2 (2025–2025) NH 2 (2019–2019) RI 2 (1993–1997) ND 2 (1989–2016)

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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