burden to establish defense (Florida) · Go Syfert
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burden to establish defense in Florida

10 Florida opinions name it 2 courts 1985–2015 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 (8)

CaseFollowedCited
Stimus v. Stategreen
fladistctapp · 2008 · cited in 3 Florida opinions naming this issue, 2012–2015
2 sentences

2015Involuntary intoxication is an affirmative defense, and defendant has “the burden to establish the defense and present evidence that he was taking the medication as prescribed and pursuant to a lawful prescription.” Stimus v. State, 995 So. 2d 1149, 1151 (Fla. 5th DCA 2008).

2015Involuntary intoxication is an affirmative defense, and defendant has “the burden to establish the defense and present evidence that he was taking the medication as prescribed and' pursuant to a lawful prescription.” Stimus v. State, 995 So.2d 1149, 1151 (Fla. 5th DCA 2008).

33
Spradley v. Old Harmony Baptist Churchgreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See Spradley, 721 So.2d at 737 .

11
Cobb v. Stategreen
fladistctapp · 2004 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008Cobb v. State, 884 So.2d 437, 439 (Fla. 1st DCA 2004) (defendant's voluntary ingestion of prescription and over-the-counter medications in amounts exceeding prescribed dosages did not support claim of involuntary intoxication, rather supported finding of voluntary intoxication which was not defense to attempted murder and aggravated battery).

11
Dufour v. Stategreen
fla · 2005 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006Cf. Dufour v. State, 905 So.2d 42, 52 (Fla.2005).

11
Public Health Trust of Dade County v. Holmesgreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See Knauer v. Levy, 115 So.2d 776, 777 (Fla. 3d DCA 1959); see also Public Health Trust of Dade County v. Holmes, 646 So.2d 266 (Fla. 3d DCA 1994).

11
Cabot v. Snydergreen
fladistctapp · 1959 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005See Knauer v. Levy, 115 So.2d 776, 777 (Fla. 3d DCA 1959); see also Public Health Trust of Dade County v. Holmes, 646 So.2d 266 (Fla. 3d DCA 1994).

11
Belke v. Merrill Lynchgreen
ca11 · 1982 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992See Belke v. Merrill Lynch, Pierce, Fenner & Smith, 693 F.2d 1023, 1025 (11th Cir.1982).

11
State v. Andersongreen
fladistctapp · 1976 · cited in 1 Florida opinions naming this issue, 1990–1990
1 sentence

1990See, e.g., State v. Anderson, 329 So.2d 424 (Fla. 3d DCA 1976).

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 (1)

CaseCitedYears
Williams v. State green
fladistctapp · 1981
1 sentence

1985Wiley; Williams v. State, 403 So.2d 453 (Fla. 1st DCA 1981), rev. denied, 412 So.2d 471 (Fla.1982); Brewer .

11985–1985

Statutes the citing opinions construe

FL § 775.051 (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

TX 62 (1976–2026) IA 56 (1933–2025) CA 28 (2009–2025) PA 18 (1968–2025) OH 16 (1994–2021) KS 15 (1968–2024) IL 15 (1996–2025) MT 13 (2002–2024) FL 10 (1985–2015) GA 6 (2012–2022) CO 6 (2000–2024) MO 5 (1970–2010) ND 4 (2016–2024) AR 3 (1967–1988) LA 3 (1958–1982) AZ 3 (2017–2020) MI 2 (2007–2021) NJ 2 (1993–2021) MD 2 (1989–2012) WA 2 (1998–2023) NV 2 (1990–2021) WI 2 (1986–2001) NC 2 (2018–2025) OR 2 (1990–2026) CT 2 (2001–2003) VT 2 (1990–2003)

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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