10 Florida opinions name it 1 courts 1976–2024 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.
| Case | Followed | Cited |
|---|---|---|
Armstrong v. Stategreen2 sentences2024See Armstrong v. State, 579 So. 2d 734, 735 (Fla. 1991) (holding that by affirmatively requesting an abbreviated instruction on excusable homicide, which the trial court gave, the defendant waived any claim of error in the instruction). 8 any weapon was used or that there was a loss of consciousness or that it reached the level of being a felony. 1991See Faulk v. State, 573 So.2d 199 (Fla. 5th DCA 1991); Armstrong v. State, 566 So.2d 943 (Fla. 5th DCA 1990), decision approved, 579 So.2d 734 (Fla. 1991). | 1 | 2 |
Dent v. Dentgreen1 sentence2007Given the urgency of some of these matters, the order is often based upon an abbreviated hearing and limited evidence." Dent v. Dent, 851 So.2d 819, 821 (Fla. 2d DCA 2003) (Stringer, J., concurring). | 1 | 1 |
Stayer v. Stategreen1 sentence1993See McBride v. State, 604 So.2d at 1292 ("`an arrest and detention constitutes [the] lawful execution of a legal duty'"; instruction not objected to); Stayer v. State, 590 So.2d at 26 (arrest pursuant to a warrant is lawful execution of a legal duty; distinguishing arrests based on probable cause). | 1 | 1 |
McBride v. Stategreen1 sentence1993See McBride v. State, 604 So.2d at 1292 ("`an arrest and detention constitutes [the] lawful execution of a legal duty'"; instruction not objected to); Stayer v. State, 590 So.2d at 26 (arrest pursuant to a warrant is lawful execution of a legal duty; distinguishing arrests based on probable cause). | 1 | 1 |
Peterson v. Stategreen1 sentence1991See Faulk v. State, 573 So.2d 199 (Fla. 5th DCA 1991); Armstrong v. State, 566 So.2d 943 (Fla. 5th DCA 1990), decision approved, 579 So.2d 734 (Fla. 1991). | 1 | 1 |
Homeopathic Physicians v. DEPT. OF PROF. REG.green1 sentence1989See generally Florida State Society of Homeopathic Physicians v. Florida Department of Professional Regulation, 487 So.2d 374 (Fla. 5th DCA 1986); Empire Pontiac Center v. General Motors Acceptance Corporation, 322 So.2d 927 (Fla. 4th DCA 1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
DCW v. State
green
2 sentences2001As in D.C.W. v. State, 775 So.2d 363 (Fla. 2d DCA 2000), the record in the present case indicates that an abbreviated inquiry regarding waiver of counsel was made, but failed to satisfy the requirements of rule 8.165. 2001As in D.C.W. v. State, 775 So.2d 363 (Fla. 2d DCA 2000), the record in the present case indicates that an abbreviated inquiry regarding waiver of counsel was made, but failed to satisfy the requirements of rule 8.165. | 2 | 2001–2001 |
Gryphon v. State
green
1 sentence2008The abbreviated instruction may have simplified the jury's duty to apply the facts to the law, but that does not necessarily equate with an inaccuracy that rises to the level of fundamental error as seen in Gryphon, 847 So.2d 589 , [2] and similar cases. [3] The jury was also instructed that corporal discipline that does not result in harm to the child did not constitute criminal child abuse. [4] Therefore, they had to conclude that the child suffered asphyxiation and physical injury as a result of Ms. Garrett's actions to reach their verdict. | 1 | 2008–2008 |
Summers v. SCHOOL BD. OF MARION CTY.
green
1 sentence1996While we recognize that this abbreviated analysis of the offense has been applied by the Fifth District Court of Appeal in Summers v. School Bd. of Marion County, 666 So.2d 175 (Fla. 5th DCA 1995), we adopt the two part analysis set forth above. | 1 | 1996–1996 |
Armstrong v. State
green
1 sentence1991See Faulk v. State, 573 So.2d 199 (Fla. 5th DCA 1991); Armstrong v. State, 566 So.2d 943 (Fla. 5th DCA 1990), decision approved, 579 So.2d 734 (Fla. 1991). | 1 | 1991–1991 |
State v. Hefler
green
2 sentences1991The court reversed the jury verdict, finding no culpable negligence manslaughter as a matter at law. [7] See, e.g., State v. Hefler, 310 N.C. 135 , 310 S.E.2d 310 (1984) (trial court charged jury on four traffic infractions, including speeding, failure to drive on right side of highway, and failure to decrease speed to avoid colliding). [8] This issue was not raised by either party in their briefs, but appellant filed Miller v. State as supplemental authority. [9] This court has held that the error may be waived if defense counsel specifically requests an abbreviated instruction. 1991The court reversed the jury verdict, finding no culpable negligence manslaughter as a matter at law. [7] See, e.g., State v. Hefler, 310 N.C. 135 , 310 S.E.2d 310 (1984) (trial court charged jury on four traffic infractions, including speeding, failure to drive on right side of highway, and failure to decrease speed to avoid colliding). [8] This issue was not raised by either party in their briefs, but appellant filed Miller v. State as supplemental authority. [9] This court has held that the error may be waived if defense counsel specifically requests an abbreviated instruction. | 1 | 1991–1991 |
Empire Pontiac Ctr. Inc. v. General Mot. Accept. Corp.
green
1 sentence1989See generally Florida State Society of Homeopathic Physicians v. Florida Department of Professional Regulation, 487 So.2d 374 (Fla. 5th DCA 1986); Empire Pontiac Center v. General Motors Acceptance Corporation, 322 So.2d 927 (Fla. 4th DCA 1975). | 1 | 1989–1989 |
Hedges v. State
green
1 sentence1976As support for his position, appellant relies upon the Florida Supreme Court case of Hedges v. State, 172 So.2d 824 (Fla. 1965), in which the defendant was indicted for first degree murder of her paramour. | 1 | 1976–1976 |
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.