10 Florida opinions name it 1 courts 1991–2018 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.
| Case | Followed | Cited |
|---|---|---|
Hansman v. Stategreen2 sentences2007Because consent is an affirmative defense, “[t]he defendant has the burden of initially offering evidence to establish the defense, but after he does so the burden then shifts to the state to disprove the defense beyond a reasonable doubt.” Hansman v. State, 679 So.2d 1216, 1217 (Fla. 4th DCA 1996). 1998“A defendant has the initial burden of establishing the existence of such a defense, but thereafter the burden shifts to the state to disprove the defense beyond a reasonable doubt.” Coleman v. State, 592 So.2d 300, 301-02 (Fla. 2d DCA 1991); accord Hansman v. State, 679 So.2d 1216, 1217 (Fla. 4th DCA 1996); Collett, 676 So.2d at 1047 . “[0]nce consensual entry is complete, a consensual ‘remaining in’ begins, and any burglary conviction must be bottomed on proof that consent to ‘remaining in’ has been withdrawn.” Ray v. State, 522 So.2d 963, 965 (Fla. 3d DCA 1988); accord Robertson, 699 So.2d | 5 | 5 |
Coleman v. Stategreen2 sentences2003"A defendant has the initial burden of establishing the existence of such a defense, but thereafter the burden shifts to the State to disprove the defense beyond a reasonable doubt." Id. at 301-02 . 1998“A defendant has the initial burden of establishing the existence of such a defense, but thereafter the burden shifts to the state to disprove the defense beyond a reasonable doubt.” Coleman v. State, 592 So.2d 300, 301-02 (Fla. 2d DCA 1991); accord Hansman v. State, 679 So.2d 1216, 1217 (Fla. 4th DCA 1996); Collett, 676 So.2d at 1047 . “[0]nce consensual entry is complete, a consensual ‘remaining in’ begins, and any burglary conviction must be bottomed on proof that consent to ‘remaining in’ has been withdrawn.” Ray v. State, 522 So.2d 963, 965 (Fla. 3d DCA 1988); accord Robertson, 699 So.2d | 1 | 5 |
Jared Bretherick v. State of Floridared1 sentence2018See id. at 777 . | 1 | 1 |
Robertson v. Stategreen1 sentence1998“A defendant has the initial burden of establishing the existence of such a defense, but thereafter the burden shifts to the state to disprove the defense beyond a reasonable doubt.” Coleman v. State, 592 So.2d 300, 301-02 (Fla. 2d DCA 1991); accord Hansman v. State, 679 So.2d 1216, 1217 (Fla. 4th DCA 1996); Collett, 676 So.2d at 1047 . “[0]nce consensual entry is complete, a consensual ‘remaining in’ begins, and any burglary conviction must be bottomed on proof that consent to ‘remaining in’ has been withdrawn.” Ray v. State, 522 So.2d 963, 965 (Fla. 3d DCA 1988); accord Robertson, 699 So.2d | 1 | 1 |
Ray v. Stategreen1 sentence1998“A defendant has the initial burden of establishing the existence of such a defense, but thereafter the burden shifts to the state to disprove the defense beyond a reasonable doubt.” Coleman v. State, 592 So.2d 300, 301-02 (Fla. 2d DCA 1991); accord Hansman v. State, 679 So.2d 1216, 1217 (Fla. 4th DCA 1996); Collett, 676 So.2d at 1047 . “[0]nce consensual entry is complete, a consensual ‘remaining in’ begins, and any burglary conviction must be bottomed on proof that consent to ‘remaining in’ has been withdrawn.” Ray v. State, 522 So.2d 963, 965 (Fla. 3d DCA 1988); accord Robertson, 699 So.2d | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wright v. State
green
2 sentences1996Coleman v. State, 592 So.2d 300 (Fla. 2d DCA 1991), Wright v. State, 442 So.2d 1058 (Fla. 1st DCA 1983), rev. denied, 450 So.2d 489 (Fla.1984). 1991Wright v. State, 442 So.2d 1058 (Fla. 1st DCA 1983), rev. denied, 450 So.2d 489 (Fla. 1984). | 2 | 1991–1996 |
DR v. State
green
1 sentence2018Id. | 1 | 2018–2018 |
Collett v. State
green
1 sentence1998“A defendant has the initial burden of establishing the existence of such a defense, but thereafter the burden shifts to the state to disprove the defense beyond a reasonable doubt.” Coleman v. State, 592 So.2d 300, 301-02 (Fla. 2d DCA 1991); accord Hansman v. State, 679 So.2d 1216, 1217 (Fla. 4th DCA 1996); Collett, 676 So.2d at 1047 . “[0]nce consensual entry is complete, a consensual ‘remaining in’ begins, and any burglary conviction must be bottomed on proof that consent to ‘remaining in’ has been withdrawn.” Ray v. State, 522 So.2d 963, 965 (Fla. 3d DCA 1988); accord Robertson, 699 So.2d | 1 | 1998–1998 |
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.
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.