State must establish factors (Florida) · Go Syfert
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State must establish factors in Florida

11 Florida opinions name it 2 courts 1981–2017 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 (3)

CaseFollowedCited
Glaubius v. Stategreen
fla · 1997 · cited in 4 Florida opinions naming this issue, 2002–2017
2 sentences

2017Further, under the statute, the State must establish these factors by a preponderance of the evidence.” Dagerath v. State, 100 So.3d 1260, 1263 (Fla. 4th DCA 2012) (quoting Glaubius v. State, 688 So.2d 913, 915 (Fla. 1997)).

2012Further, under the statute, the State must establish these factors by a preponderance of the evidence.” Glaubius v. State, 688 So.2d 913, 915 (Fla.1997) (citations omitted).

34
Dagerath v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Further, under the statute, the State must establish these factors by a preponderance of the evidence.” Dagerath v. State, 100 So.3d 1260, 1263 (Fla. 4th DCA 2012) (quoting Glaubius v. State, 688 So.2d 913, 915 (Fla. 1997)).

11
Schuette v. Stategreen
fla · 2002 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Our supreme court “has equated the ‘significant relationship’ test with the requirement of proximate causation between the criminal act and the resulting damages because the Court has required both a ‘but for’ causation requirement and a ‘significant relationship’ requirement.” Schuette v. State, 822 So.2d 1275, 1282 (Fla.2002).

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
Hubbard v. State green
fladistctapp · 2009
2 sentences

2011Id.

2011Id.

22010–2011
Russell v. State green
fla · 2008
1 sentence

2009Id.

12009–2009
Murphy v. State green
fladistctapp · 2005
2 sentences

2009Id. at 1033 .

2009Id. at 1033 .

12009–2009
Ensor v. State green
fla · 1981
1 sentence

2005However, the Florida Supreme Court in Ensor v. State, 403 So.2d 349 (Fla.1981) distinguished the plain-view situation, which permits a warrantless seizure, from an open-view situation, which may not. [8] In the plain-view situation, the officer has a constitutional right to be in the place where the seizure is made. [9] In an open-view *1034 situation, the officer sees the contraband from a place he or she has a right to be, outside a constitutionally protected area, but may not have constitutional access to the place the contraband is located when seized.

12005–2005
State v. Bradford green
fladistctapp · 1995
1 sentence

2000State v. Pettis, 520 So.2d 250 (Fla.1988); State v. Bradford, 658 So.2d 572 (Fla. 5th DCA 1995).

12000–2000
State v. Pettis green
fla · 1988
1 sentence

2000State v. Pettis, 520 So.2d 250 (Fla.1988); State v. Bradford, 658 So.2d 572 (Fla. 5th DCA 1995).

12000–2000
Fex v. State neutral
fladistctapp · 1980
1 sentence

1981Fex v. State, 386 So.2d 58 (Fla. 2d DCA 1980).

11981–1981

Statutes the citing opinions construe

FL § 775.089 (4)

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

FL 11 (1981–2017) WA 10 (2009–2025) WV 6 (1986–2025) CT 5 (1998–2020) TX 3 (2005–2011) ND 3 (2009–2022) IA 2 (1999–2015) NM 2 (1986–2018)

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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