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.
| Case | Followed | Cited |
|---|---|---|
Malarkey v. Stategreen2 sentences2024See 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 | 2 | 2 |
Varnedore v. Copelandgreen1 sentence2025See Varnedore, 210 So. 3d at 745 (quoting Bank of Am. | 1 | 1 |
RACHELLE MARIE JAMES v. STATE OF FLORIDAgreen1 sentence2024See 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 | 1 | 1 |
Koile v. Stategreen1 sentence2024See 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 | 1 | 1 |
Aboyoun v. Stategreen1 sentence2024See 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 | 1 | 1 |
Jaimes v. Stategreen1 sentence2021Underlying 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 | 1 | 1 |
Snowden v. Stategreen1 sentence2021"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). | 1 | 1 |
Cole v. Arkansasgreen1 sentence2021Underlying 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 | 1 | 1 |
DR v. Stategreen1 sentence2021Underlying 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 | 1 | 1 |
Trahan v. Stategreen1 sentence2021Underlying 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 | 1 | 1 |
Jones v. Stategreen1 sentence2021Underlying 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 | 1 | 1 |
McLean v. Stategreen1 sentence2021Underlying 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 | 1 | 1 |
Zwick v. Stategreen1 sentence2021Underlying 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 | 1 | 1 |
Crain v. Stategreen2 sentences2021Underlying 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 | 1 | 1 |
Morgan v. Stategreen1 sentence2021Underlying 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 | 1 | 1 |
United States v. Gaudingreen1 sentence2020The 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)). | 1 | 1 |
Gunsby v. Stategreen1 sentence2018See, 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."). | 1 | 1 |
Brooks v. Stategreen1 sentence2017Consequently, 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 | 1 | 1 |
A.D., a child v. Stategreen1 sentence2017Consequently, 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 | 1 | 1 |
Ringgold v. Stategreen2 sentences2003Chadbourn 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). | 1 | 1 |
Lindley v. Stategreen1 sentence2003Chadbourn 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Madison at Soho II Condominium Association v. Devo Acquisition Enterprises, LLC
green
1 sentence2024See, e.g., Hull, 349 So. 3d 459 ; Madison at Soho II, 198 So. 3d 1111 . | 1 | 2024–2024 |
Williams v. State
green
1 sentence2021"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). | 1 | 2021–2021 |
Apprendi v. New Jersey
green
1 sentence2020The 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)). | 1 | 2020–2020 |
Simon Dockswell and Sandra Dockswell v. Bethesda Memorial Hospital, Inc.
green
2 sentences2017Differences 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 . | 1 | 2017–2017 |
Robertson v. State
green
1 sentence2013First, 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 ). | 1 | 2013–2013 |
Dade Cty. Sch. Bd. v. Radio Station WQBA
green
1 sentence2013First, 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 ). | 1 | 2013–2013 |
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.