foundational principle (Florida) · Go Syfert
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foundational principle in Florida

10 Florida opinions name it 2 courts 2003–2025 4 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 (21)

CaseFollowedCited
Malarkey v. Stategreen
fladistctapp · 2008 · cited in 2 Florida opinions naming this issue, 2017–2024
2 sentences

2024See Aboyoun v. State, 842 So. 2d 238, 240 (Fla. 2d DCA 2003) (holding that the victim's testimony regarding the amount of cash that was taken "was sufficient to support the restitution award"). 2 offense and bears a significant relationship to the offense.' " Ferri v. State, 311 So. 3d 240 , 241 (Fla. 2d DCA 2020) (quoting Koile v. State, 934 So. 2d 1226, 1234 (Fla. 2006)); see also James v. State, 223 So. 3d 288, 290-91 (Fla. 4th DCA 2017) ("[I]t is a foundational rule that 'when a defendant agrees to pay restitution as part of a plea agreement, the defendant's agreement is limited to restitu

2017Consequently, it is a foundational rule that “when a defendant agrees to pay restitution as part of a plea agreement, the defendant’s agreement is limited to restitution arising out of the offense charged by the State as reflected in the information and/or by the factual basis for the plea.” *291 Malarkey v. State, 975 So.2d 538, 540-41 (Fla. 2d DCA 2008) (emphasis added); accord A.D. v. State, 152 So.3d 798, 798 (Fla. 4th DCA 2014); see also Socorro v. State, 901 So.2d 940, 941 (Fla. 5th DCA 2005) (“Absent a causal link and significant relationship between the loss for which restitution is or

22
Varnedore v. Copelandgreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See Varnedore, 210 So. 3d at 745 (quoting Bank of Am.

11
RACHELLE MARIE JAMES v. STATE OF FLORIDAgreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Aboyoun v. State, 842 So. 2d 238, 240 (Fla. 2d DCA 2003) (holding that the victim's testimony regarding the amount of cash that was taken "was sufficient to support the restitution award"). 2 offense and bears a significant relationship to the offense.' " Ferri v. State, 311 So. 3d 240 , 241 (Fla. 2d DCA 2020) (quoting Koile v. State, 934 So. 2d 1226, 1234 (Fla. 2006)); see also James v. State, 223 So. 3d 288, 290-91 (Fla. 4th DCA 2017) ("[I]t is a foundational rule that 'when a defendant agrees to pay restitution as part of a plea agreement, the defendant's agreement is limited to restitu

11
Koile v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Aboyoun v. State, 842 So. 2d 238, 240 (Fla. 2d DCA 2003) (holding that the victim's testimony regarding the amount of cash that was taken "was sufficient to support the restitution award"). 2 offense and bears a significant relationship to the offense.' " Ferri v. State, 311 So. 3d 240 , 241 (Fla. 2d DCA 2020) (quoting Koile v. State, 934 So. 2d 1226, 1234 (Fla. 2006)); see also James v. State, 223 So. 3d 288, 290-91 (Fla. 4th DCA 2017) ("[I]t is a foundational rule that 'when a defendant agrees to pay restitution as part of a plea agreement, the defendant's agreement is limited to restitu

11
Aboyoun v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Aboyoun v. State, 842 So. 2d 238, 240 (Fla. 2d DCA 2003) (holding that the victim's testimony regarding the amount of cash that was taken "was sufficient to support the restitution award"). 2 offense and bears a significant relationship to the offense.' " Ferri v. State, 311 So. 3d 240 , 241 (Fla. 2d DCA 2020) (quoting Koile v. State, 934 So. 2d 1226, 1234 (Fla. 2006)); see also James v. State, 223 So. 3d 288, 290-91 (Fla. 4th DCA 2017) ("[I]t is a foundational rule that 'when a defendant agrees to pay restitution as part of a plea agreement, the defendant's agreement is limited to restitu

11
Jaimes v. Stategreen
fla · 2010 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
Snowden v. Stategreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021"But notwithstanding the danger posed by the admission of similar fact evidence, the Florida Supreme Court has for some time adhered to a broad rule of admissibility based on the relevancy of the evidence to a fact to be proved." Snowden v. State, 537 So. 2d 1383, 1384 (Fla. 3d DCA 1989) (citing Williams v. State, 110 So. 2d 654 (Fla. 1959)); see also § 90.404(2), Fla. Stat. (2019).

11
Cole v. Arkansasgreen
scotus · 1948 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
DR v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
Trahan v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
Jones v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
McLean v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
Zwick v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
Crain v. Stategreen
fla · 2004 · cited in 1 Florida opinions naming this issue, 2021–2021
2 sentences

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
Morgan v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021Underlying the Williams rule procedure is the foundational principle that "[d]ue process prohibits an individual from being convicted of an uncharged crime." Morgan v. State, 146 So. 3d 508, 512 (Fla. 5th DCA 2014) (first citing Cole v. Arkansas, 333 U.S. 196, 201 (1948); then citing Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); and then citing Crain v. State, 894 So. 2d 59, 69 (Fla. 2004)). "[A] criminal defendant is entitled to a trial on the charges contained in the information and may not be prosecuted for uncharged offenses, even if they are of the same general character or constitute

11
United States v. Gaudingreen
scotus · 1995 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020The Court’s analysis proceeded from the foundational principle that the Fifth Amendment (due process) and the Sixth Amendment (jury trial) combine to “entitle a criminal defendant to a ‘jury determination . . . of every element of the crime with which he is charged, beyond a reasonable doubt.’ ” Id. at 477 (quoting United States v. Gaudin, 515 U.S. 506, 510 (1995)).

11
Gunsby v. Stategreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018See, e.g., Gunsby v. State, 574 So. 2d 1085, 1090 (Fla. 1991) ("The resolution of factual conflicts is solely the responsibility and duty of the trial judge, and, as the appellate court, we have no authority to reweigh that evidence.").

11
Brooks v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Consequently, it is a foundational rule that “when a defendant agrees to pay restitution as part of a plea agreement, the defendant’s agreement is limited to restitution arising out of the offense charged by the State as reflected in the information and/or by the factual basis for the plea.” *291 Malarkey v. State, 975 So.2d 538, 540-41 (Fla. 2d DCA 2008) (emphasis added); accord A.D. v. State, 152 So.3d 798, 798 (Fla. 4th DCA 2014); see also Socorro v. State, 901 So.2d 940, 941 (Fla. 5th DCA 2005) (“Absent a causal link and significant relationship between the loss for which restitution is or

11
A.D., a child v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Consequently, it is a foundational rule that “when a defendant agrees to pay restitution as part of a plea agreement, the defendant’s agreement is limited to restitution arising out of the offense charged by the State as reflected in the information and/or by the factual basis for the plea.” *291 Malarkey v. State, 975 So.2d 538, 540-41 (Fla. 2d DCA 2008) (emphasis added); accord A.D. v. State, 152 So.3d 798, 798 (Fla. 4th DCA 2014); see also Socorro v. State, 901 So.2d 940, 941 (Fla. 5th DCA 2005) (“Absent a causal link and significant relationship between the loss for which restitution is or

11
Ringgold v. Stategreen
mdctspecapp · 1976 · cited in 1 Florida opinions naming this issue, 2003–2003
2 sentences

2003Chadbourn rev., 1970); accord Lindley v. State, 728 So.2d 1153, 1155-56 (Ala.1998); Ringgold v. State, 34 Md.App. 286 , 367 A.2d 35, 36-37 (1976).

2003Chadbourn rev., 1970); accord Lindley v. State, 728 So.2d 1153, 1155-56 (Ala.1998); Ringgold v. State, 34 Md.App. 286 , 367 A.2d 35, 36-37 (1976).

11
Lindley v. Stategreen
ala · 1998 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003Chadbourn rev., 1970); accord Lindley v. State, 728 So.2d 1153, 1155-56 (Ala.1998); Ringgold v. State, 34 Md.App. 286 , 367 A.2d 35, 36-37 (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 (6)

CaseCitedYears
Madison at Soho II Condominium Association v. Devo Acquisition Enterprises, LLC green
fladistctapp · 2016
1 sentence

2024See, e.g., Hull, 349 So. 3d 459 ; Madison at Soho II, 198 So. 3d 1111 .

12024–2024
Williams v. State green
fla · 1959
1 sentence

2021"But notwithstanding the danger posed by the admission of similar fact evidence, the Florida Supreme Court has for some time adhered to a broad rule of admissibility based on the relevancy of the evidence to a fact to be proved." Snowden v. State, 537 So. 2d 1383, 1384 (Fla. 3d DCA 1989) (citing Williams v. State, 110 So. 2d 654 (Fla. 1959)); see also § 90.404(2), Fla. Stat. (2019).

12021–2021
Apprendi v. New Jersey green
scotus · 2000
1 sentence

2020The Court’s analysis proceeded from the foundational principle that the Fifth Amendment (due process) and the Sixth Amendment (jury trial) combine to “entitle a criminal defendant to a ‘jury determination . . . of every element of the crime with which he is charged, beyond a reasonable doubt.’ ” Id. at 477 (quoting United States v. Gaudin, 515 U.S. 506, 510 (1995)).

12020–2020
Simon Dockswell and Sandra Dockswell v. Bethesda Memorial Hospital, Inc. green
fladistctapp · 2015
2 sentences

2017Differences Between Section 766.102(3)(b) and Common Law Res Ipsa Loquitur We conclude that the Fourth District made a foundational error when it stated that the statutory foreign-body presumption “is a codification of the doctrine of res ipsa loquitur in the medical negligence context.” Dockswell, 177 So.3d at 272 .

2017Differences Between Section 766.102(3)(b) and Common Law Res Ipsa Loquitur We conclude that the Fourth District made a foundational error when it stated that the statutory foreign-body presumption “is a codification of the doctrine of res ipsa loquitur in the medical negligence context.” Dockswell, 177 So. 3d at 272 .

12017–2017
Robertson v. State green
fla · 2002
1 sentence

2013First, a foundational principle of appellate review is that “if a claim is not raised in the trial court, it will not be considered on appeal.” Robertson, 829 So.2d at 906 (citing Radio Station WQBA, 731 So.2d at 644 ).

12013–2013
Dade Cty. Sch. Bd. v. Radio Station WQBA green
fla · 1999
1 sentence

2013First, a foundational principle of appellate review is that “if a claim is not raised in the trial court, it will not be considered on appeal.” Robertson, 829 So.2d at 906 (citing Radio Station WQBA, 731 So.2d at 644 ).

12013–2013

Where else courts name it

CA 112 (1959–2026) IL 77 (1983–2026) NM 38 (1983–2024) ND 32 (1974–2019) MO 29 (1989–2025) IN 28 (1982–2023) MI 21 (1983–2025) NY 21 (1986–2025) MA 20 (1986–2025) TX 20 (2006–2026) IA 19 (1978–2025) NC 19 (1968–2026) WI 18 (2004–2026) NJ 18 (1987–2026) PA 18 (2008–2025) OH 17 (1985–2025) OR 17 (2001–2025) ID 15 (1986–2024) MN 15 (2003–2026) WA 15 (1991–2025) NE 14 (1966–2025) CO 13 (1990–2025) UT 12 (1978–2026) HI 12 (1978–2021) AZ 11 (1984–2026) FL 10 (2003–2025) GA 9 (1994–2023) DC 9 (1996–2023) MT 8 (1986–2025) OK 7 (1987–2020) MD 7 (1987–2025) DE 7 (2010–2025) ME 6 (1978–2020) KS 6 (1982–2024) KY 6 (2014–2025) VA 6 (1999–2026) TN 5 (2005–2019) CT 5 (1999–2017) RI 5 (2005–2022) WY 3 (1982–2014) MS 3 (2014–2023) SC 3 (1991–2020) WV 3 (1999–2025) AK 3 (1989–2019) AR 2 (2005–2017) AL 2 (1999–2023) VT 2 (1996–2018)

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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