recantation defense (Florida) · Go Syfert
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recantation defense in Florida

9 Florida opinions name it 1 courts 1992–2011 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 (5)

CaseFollowedCited
P.P. v. Stategreen
fladistctapp · 1985 · cited in 4 Florida opinions naming this issue, 2006–2007
2 sentences

2007The Fourth District recognized that the public policy behind the recantation defense in obstruction of justice and perjury prosecutions is to encourage the person making the false statement to tell the truth, and "the correlative need to induce [the person making the false statement] to correct, without fear of prosecution, their prior falsehoods before they have done any harm." Id. at 466 (quoting P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985)).

2007The Fourth District recognized that the public policy behind the recantation defense in obstruction of justice and perjury prosecutions is to encourage the person making the false statement to tell the truth, and “the correlative need to induce [the person making the false statement] to correct, without fear of prosecution, their prior falsehoods before they have done any harm.” Id. at 466 (quoting P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985)).

44
AAR v. Stategreen
fladistctapp · 2006 · cited in 4 Florida opinions naming this issue, 2007–2008
2 sentences

2007The Fourth District recognized that the public policy behind the recantation defense in obstruction of justice and perjury prosecutions is to encourage the person making the false statement to tell the truth, and “the correlative need to induce [the person making the false statement] to correct, without fear of prosecution, their prior falsehoods before they have done any harm.” Id. at 466 (quoting P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985)).

2007The Fourth District explained that prior to the adoption of section 901.36(1) in 1999, a person who gave a false name to a police officer was charged with either obstructing justice or resisting an officer without violence, under section 843.02, Florida Statutes, and that cases interpreting section 843.02 have “recognized a recantation defense where the defendant acted with sufficient promptness in correcting the false name.” A.A.R., 926 So.2d at 465 .

24
L.J. v. Stategreen
fladistctapp · 2007 · cited in 2 Florida opinions naming this issue, 2011–2011
2 sentences

2011See L.J. v. State, 971 So.2d 942, 943-44 (Fla. 3d DCA 2007) (concluding that on the facts of that case once the defendant was arrested the policy reasons underpinning the recantation defense no longer applied).

2011See L.J. v. State, 971 So.2d 942, 943-44 (Fla. 3d DCA 2007) (concluding that on the facts of that case once the defendant was arrested the policy reasons underpinning the recantation defense no longer applied).

22
In Interest of JHgreen
fladistctapp · 1990 · cited in 2 Florida opinions naming this issue, 2008–2008
2 sentences

2008See A.A.R., 926 So.2d at 467 ; L.J., 971 So.2d at 944 ; Fripp, 766 So.2d at 254 (affirming conviction for obstruction of justice where recantation of false information occurred after appellant's arrest and transport); In the Interest of J.H., 559 So.2d 702, 703 (Fla. 4th DCA 1990) (affirming conviction for resisting arrest without violence by giving a false name, where recantation of false information occurred after arrest); but see Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989) (reversing conviction for resisting an officer without violence despite the fact that recantation was made after

2008See A.A.R., 926 So.2d at 467 ; L.J., 971 So.2d at 944 ; Fripp, 766 So.2d at 254 (affirming conviction for obstruction of justice where recantation of false information occurred after appellant’s arrest and transport); In the Interest of J.H., 559 So.2d 702, 703 (Fla. 4th DCA 1990) (affirming conviction for resisting arrest without violence by giving a false name, where recantation of false information occurred after arrest); but see Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989) (reversing conviction for resisting an officer without violence despite the fact that recantation was made after

22
Fripp v. Stategreen
fladistctapp · 2000 · cited in 2 Florida opinions naming this issue, 2008–2008
2 sentences

2008See A.A.R., 926 So.2d at 467 ; L.J., 971 So.2d at 944 ; Fripp, 766 So.2d at 254 (affirming conviction for obstruction of justice where recantation of false information occurred after appellant’s arrest and transport); In the Interest of J.H., 559 So.2d 702, 703 (Fla. 4th DCA 1990) (affirming conviction for resisting arrest without violence by giving a false name, where recantation of false information occurred after arrest); but see Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989) (reversing conviction for resisting an officer without violence despite the fact that recantation was made after

2008The Third District relied on the reasoning in Fripp v. State, 766 So.2d 252 (Fla. 4th DCA 2000), and State v. Townsend, 585 So.2d 495 (Fla. 5th DCA 1991), that once a defendant is arrested, the policy reasons that excuse providing false information are no longer applicable.

22

Distinguished, questioned or overruled (1)

CaseNegativeCited
Steele v. Stategreen
fladistctapp · 1989 · cited in 2 Florida opinions naming this issue, 2008–2008
2 sentences

2008See A.A.R., 926 So.2d at 467 ; L.J., 971 So.2d at 944 ; Fripp, 766 So.2d at 254 (affirming conviction for obstruction of justice where recantation of false information occurred after appellant's arrest and transport); In the Interest of J.H., 559 So.2d 702, 703 (Fla. 4th DCA 1990) (affirming conviction for resisting arrest without violence by giving a false name, where recantation of false information occurred after arrest); but see Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989) (reversing conviction for resisting an officer without violence despite the fact that recantation was made after

2008See A.A.R., 926 So.2d at 467 ; L.J., 971 So.2d at 944 ; Fripp, 766 So.2d at 254 (affirming conviction for obstruction of justice where recantation of false information occurred after appellant’s arrest and transport); In the Interest of J.H., 559 So.2d 702, 703 (Fla. 4th DCA 1990) (affirming conviction for resisting arrest without violence by giving a false name, where recantation of false information occurred after arrest); but see Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989) (reversing conviction for resisting an officer without violence despite the fact that recantation was made after

22

Also cited on this issue (6)

CaseCitedYears
Brannen v. State of Florida green
fla · 1927
2 sentences

2006As explained in P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985): Just as in perjury prosecutions where a defendant may recant his intentionally false testimony prior to the final submission of the case, Jones v. State, 400 So.2d 12 (Fla.1981); Carter v. State, 384 So.2d 1255 (Fla.1980); Brannen v. State, 94 Fla. 656 , 114 So. 429 (1927); State v. Snipes, 433 So.2d 653 (Fla. 1st DCA 1983), so, too, one accused of obstructing justice, as here, should be able to retract any “false information” before it is officially recorded or does any harm.

1992The public policy underlying the recantation defense is that it encourages a witness to correct erroneous or even intentionally false statements, and "perjury will not be predicated upon such statements when the witness, before the submission of the case, fully corrects his testimony." Brannen, 114 So. at 431 ; Carter, 384 So.2d at 1257 .

31992–2006
Carter v. State green
fla · 1980
2 sentences

2006As explained in P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985): Just as in perjury prosecutions where a defendant may recant his intentionally false testimony prior to the final submission of the case, Jones v. State, 400 So.2d 12 (Fla.1981); Carter v. State, 384 So.2d 1255 (Fla.1980); Brannen v. State, 94 Fla. 656 , 114 So. 429 (1927); State v. Snipes, 433 So.2d 653 (Fla. 1st DCA 1983), so, too, one accused of obstructing justice, as here, should be able to retract any “false information” before it is officially recorded or does any harm.

1992The public policy underlying the recantation defense is that it encourages a witness to correct erroneous or even intentionally false statements, and "perjury will not be predicated upon such statements when the witness, before the submission of the case, fully corrects his testimony." Brannen, 114 So. at 431 ; Carter, 384 So.2d at 1257 .

31992–2006
State v. Townsend green
fladistctapp · 1991
2 sentences

2008The Third District relied on the reasoning in Fripp v. State, 766 So.2d 252 (Fla. 4th DCA 2000), and State v. Townsend, 585 So.2d 495 (Fla. 5th DCA 1991), that once a defendant is arrested, the policy reasons that excuse providing false information are no longer applicable.

2008The Third District relied on the reasoning in Fripp v. State, 766 So.2d 252 (Fla. 4th DCA 2000), and State v. Townsend, 585 So.2d 495 (Fla. 5th DCA 1991), that once a defendant is arrested, the policy reasons that excuse providing false information are no longer applicable.

22008–2008
LJ v. State neutral
fladistctapp · 2007
2 sentences

2008See A.A.R., 926 So.2d at 467 ; L.J., 971 So.2d at 944 ; Fripp, 766 So.2d at 254 (affirming conviction for obstruction of justice where recantation of false information occurred after appellant's arrest and transport); In the Interest of J.H., 559 So.2d 702, 703 (Fla. 4th DCA 1990) (affirming conviction for resisting arrest without violence by giving a false name, where recantation of false information occurred after arrest); but see Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989) (reversing conviction for resisting an officer without violence despite the fact that recantation was made after

2008See A.A.R., 926 So.2d at 467 ; L.J., 971 So.2d at 944 ; Fripp, 766 So.2d at 254 (affirming conviction for obstruction of justice where recantation of false information occurred after appellant’s arrest and transport); In the Interest of J.H., 559 So.2d 702, 703 (Fla. 4th DCA 1990) (affirming conviction for resisting arrest without violence by giving a false name, where recantation of false information occurred after arrest); but see Steele v. State, 537 So.2d 711 (Fla. 5th DCA 1989) (reversing conviction for resisting an officer without violence despite the fact that recantation was made after

22008–2008
Jones v. State green
fla · 1981
2 sentences

2006As explained in P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985): Just as in perjury prosecutions where a defendant may recant his intentionally false testimony prior to the final submission of the case, Jones v. State, 400 So.2d 12 (Fla.1981); Carter v. State, 384 So.2d 1255 (Fla.1980); Brannen v. State, 94 Fla. 656 , 114 So. 429 (1927); State v. Snipes, 433 So.2d 653 (Fla. 1st DCA 1983), so, too, one accused of obstructing justice, as here, should be able to retract any "false information" before it is officially recorded or does any harm.

2006As explained in P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985): Just as in perjury prosecutions where a defendant may recant his intentionally false testimony prior to the final submission of the case, Jones v. State, 400 So.2d 12 (Fla.1981); Carter v. State, 384 So.2d 1255 (Fla.1980); Brannen v. State, 94 Fla. 656 , 114 So. 429 (1927); State v. Snipes, 433 So.2d 653 (Fla. 1st DCA 1983), so, too, one accused of obstructing justice, as here, should be able to retract any “false information” before it is officially recorded or does any harm.

22006–2006
State v. Snipes green
fladistctapp · 1983
2 sentences

2006As explained in P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985): Just as in perjury prosecutions where a defendant may recant his intentionally false testimony prior to the final submission of the case, Jones v. State, 400 So.2d 12 (Fla.1981); Carter v. State, 384 So.2d 1255 (Fla.1980); Brannen v. State, 94 Fla. 656 , 114 So. 429 (1927); State v. Snipes, 433 So.2d 653 (Fla. 1st DCA 1983), so, too, one accused of obstructing justice, as here, should be able to retract any "false information" before it is officially recorded or does any harm.

2006As explained in P.P. v. State, 466 So.2d 1140, 1141 (Fla. 3d DCA 1985): Just as in perjury prosecutions where a defendant may recant his intentionally false testimony prior to the final submission of the case, Jones v. State, 400 So.2d 12 (Fla.1981); Carter v. State, 384 So.2d 1255 (Fla.1980); Brannen v. State, 94 Fla. 656 , 114 So. 429 (1927); State v. Snipes, 433 So.2d 653 (Fla. 1st DCA 1983), so, too, one accused of obstructing justice, as here, should be able to retract any “false information” before it is officially recorded or does any harm.

22006–2006

Statutes the citing opinions construe

FL § 901.36 (8) FL § 843.02 (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

PA 10 (1979–2025) FL 9 (1992–2011) DC 5 (1998–2015) MN 3 (1979–2019) NY 3 (1957–1974) CA 2 (2013–2016) IA 2 (1994–2022)

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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