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9 Florida opinions name it 2 courts 1988–2024 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 |
|---|---|---|
Cole v. Stategreen2 sentences2024Cole II, 841 So. 2d at 414 n.4. -5- district court denied relief and denied Cole’s subsequent request for a certificate of appealability. 2004See Cole v. State, 841 So.2d 409 (Fla.2003). | 1 | 2 |
Mark James Asay v. State of Floridagreen2 sentences2024To challenge a method of execution under the Eighth Amendment’s prohibition of cruel and unusual punishment, Cole must “(1) establish that the method of execution presents a substantial and imminent risk that is sure or very likely to cause serious illness and needless suffering and (2) identify a known and available alternative method of execution that entails a significantly less severe risk of pain.” Asay v. State, 224 So. 3d 695, 701 (Fla. 2017) (citing Glossip v. Gross, 576 U.S. 863, 877 (2015)); Bucklew v. Precythe, 587 U.S. 119, 139-40 (2019) (reconfirming that anyone bringing a method- 2024See Asay, 224 So. 3d at 701 ; Long v. State, 271 So. 3d 938, 944 (Fla. 2019) (crediting the trial court’s finding that “[e]ven if Defendant had such a seizure, the lethal injection protocol requires that an inmate be restrained and the IV lines taped”). | 1 | 1 |
Bucklew v. Precythegreen1 sentence2024To challenge a method of execution under the Eighth Amendment’s prohibition of cruel and unusual punishment, Cole must “(1) establish that the method of execution presents a substantial and imminent risk that is sure or very likely to cause serious illness and needless suffering and (2) identify a known and available alternative method of execution that entails a significantly less severe risk of pain.” Asay v. State, 224 So. 3d 695, 701 (Fla. 2017) (citing Glossip v. Gross, 576 U.S. 863, 877 (2015)); Bucklew v. Precythe, 587 U.S. 119, 139-40 (2019) (reconfirming that anyone bringing a method- | 1 | 1 |
Robert Joe Long v. State of Floridagreen1 sentence2024See Asay, 224 So. 3d at 701 ; Long v. State, 271 So. 3d 938, 944 (Fla. 2019) (crediting the trial court’s finding that “[e]ven if Defendant had such a seizure, the lethal injection protocol requires that an inmate be restrained and the IV lines taped”). | 1 | 1 |
Glossip v. Grossgreen1 sentence2024To challenge a method of execution under the Eighth Amendment’s prohibition of cruel and unusual punishment, Cole must “(1) establish that the method of execution presents a substantial and imminent risk that is sure or very likely to cause serious illness and needless suffering and (2) identify a known and available alternative method of execution that entails a significantly less severe risk of pain.” Asay v. State, 224 So. 3d 695, 701 (Fla. 2017) (citing Glossip v. Gross, 576 U.S. 863, 877 (2015)); Bucklew v. Precythe, 587 U.S. 119, 139-40 (2019) (reconfirming that anyone bringing a method- | 1 | 1 |
State v. Ortizgreen1 sentence2017See, e.g., State v. Ortiz, 79 So.3d 177 (Fla. 3d DCA 2012); Mathews v. State, 91 So.3d *939 142 (Fla. 2d DCA 2012); Maybin v. State, 884 So.2d 1174 (Fla. 2d DCA 2004). | 1 | 1 |
Baldwin v. Stategreen1 sentence2012See Baldwin v. State, 978 So.2d 257, 258 (Fla. 2d DCA 2008). | 1 | 1 |
Howard v. Stategreen1 sentence2012See Howard v. State, 17 So.3d 774, 776 (Fla. 2d DCA 2009). | 1 | 1 |
Spera v. Stategreen2 sentences2012See Spera v. State, 971 So.2d 754, 761 (Fla.2007). 2012See Spera, 971 So.2d at 761 . | 1 | 1 |
Love v. Turlingtongreen1 sentence2004See Love v. Turlington, 733 F.2d 1562 (11th Cir.1984). | 1 | 1 |
Valle v. Stategreen1 sentence2003See Valle, 705 So.2d at 1334-35 . | 1 | 1 |
Tyson v. Mazurkiewiczgreen1 sentence1997See Hunter v. State, 660 So.2d 244, 252 (Fla.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 946 , 133 L.Ed.2d 871 (1996). | 1 | 1 |
Lovette v. Stategreen1 sentence1997Lovette v. State, 636 So.2d 1304, 1307 (Fla. 1994). | 1 | 1 |
Hunter v. Stategreen1 sentence1997See Hunter v. State, 660 So.2d 244, 252 (Fla.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 946 , 133 L.Ed.2d 871 (1996). | 1 | 1 |
Jaffer v. United Statesgreen1 sentence1997See Hunter v. State, 660 So.2d 244, 252 (Fla.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 946 , 133 L.Ed.2d 871 (1996). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Apprendi v. New Jersey
green
1 sentence2024In his habeas petition, Cole argued that: (1) his appellate counsel was ineffective for appellate counsel’s failure to argue that (a) Florida’s death sentencing statute was unconstitutionally applied to him in light of Apprendi v. New Jersey, 530 U.S. 466 (2000), (b) the trial court erred in denying Cole’s motion for a statement of particulars regarding aggravating circumstances, and (c) a jury death recommendation must be unanimous; (2) the prosecutor’s penalty phase closing argument constituted fundamental error; (3) Cole may be incompetent to be executed; (4) electrocution (a) remains the m | 1 | 2024–2024 |
Estelle v. Gamble
green
1 sentence2024Cole appears to set forth a conditions-of- confinement claim, guided by Estelle v. Gamble, 429 U.S. 97 (1976), and its progeny. | 1 | 2024–2024 |
James Ernest Hitchcock v. State of Florida
green
1 sentence2018This Court stayed Cole’s appeal pending the disposition of Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017). | 1 | 2018–2018 |
Allen v. United States
green
1 sentence2018This Court stayed Cole’s appeal pending the disposition of Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017). | 1 | 2018–2018 |
Hurst v. Florida
green
1 sentence2018V, § 3(b)(1), Fla. Const. Cole’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). | 1 | 2018–2018 |
Gary Czajkowski v. State of Florida
red
1 sentence2018V, § 3(b)(1), Fla. Const. Cole’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). | 1 | 2018–2018 |
Florida v. Hurst
red
1 sentence2018V, § 3(b)(1), Fla. Const. Cole’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). | 1 | 2018–2018 |
Cole v. State
green
1 sentence2017As to Cole’s claim that the twenty-five year mandatory minimum sentences (imposed concurrently as part of the life sentences on counts nine and ten) are illegal, we note that Cole has completed this portion of his sentence, and is already eligible for parole. 1 See Cole v. State, 786 So.2d 1203 (Fla. 3d DCA 2001),.We therefore dismiss this portion of the appeal as moot. | 1 | 2017–2017 |
Maybin v. State
green
1 sentence2017See, e.g., State v. Ortiz, 79 So.3d 177 (Fla. 3d DCA 2012); Mathews v. State, 91 So.3d *939 142 (Fla. 2d DCA 2012); Maybin v. State, 884 So.2d 1174 (Fla. 2d DCA 2004). | 1 | 2017–2017 |
Carawan v. State
red
1 sentence1988Cole correctly asserts that based on Carawan v. State, 515 So.2d 161 (Fla. 1987) he could not be convicted of both armed robbery and petit theft based on the single act of taking the victim's purse, so the conviction for petit theft must be set aside. | 1 | 1988–1988 |
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.