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9 Florida opinions name it 2 courts 1985–2020 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 |
|---|---|---|
Jaye v. Royal Saxon, Inc.green1 sentence2020E.g., Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998); Amalgamated Transit Union, 264 So. 3d at 378 . | 1 | 1 |
State v. Humphreysgreen1 sentence2017See State v. Humphreys, 867 So.2d 596, 598 (Fla. 2d DCA 2004) (“[A]s the arresting. officers were still employed by Pasco County Sheriffs Office, they would have been available and willing to testify in a way likely favorable to the State; thus, the second and third factors are met.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Shelby Mutual Insurance Co. v. Aetna Insurance Co.
green
2 sentences1996Shelby Mutual Insurance Company v. Aetna Insurance Co., 246 So.2d 98 , 101 n. 5 (Fla.1971). 1995Shelby Mutual Insurance Company v. Aetna Insurance Co., 246 So.2d 98 , 101 n. 5 (Fla. 1971). | 3 | 1985–1996 |
Ewing v. California
green
2 sentences2006Twelve years after Harmelin , the Supreme Court could still not reach a rationale for an Eighth Amendment analysis that would command a majority in Ewing, 538 U.S. at 11 , 123 S.Ct. 1179 . 2006Twelve years after Harmelin , the Supreme Court could still not reach a rationale for an Eighth Amendment analysis that would command a majority in Ewing, 538 U.S. at 11 , 123 S.Ct. 1179 . | 2 | 2005–2006 |
Harmelin v. Michigan
green
2 sentences2006The four-member dissent criticized Justice Kennedy for abandoning the second and third factors because it "makes any attempt at an objective proportionality analysis futile." Id. at 1020 , 111 S.Ct. 2680 . 2006The four-member dissent criticized Justice Kennedy for abandoning the second and third factors because it "makes any attempt at an objective proportionality analysis futile." Id. at 1020 , 111 S.Ct. 2680 . | 2 | 2005–2006 |
Amalgamated Transit Union, Local 1579 v. City of Gainesville
green
1 sentence2020E.g., Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998); Amalgamated Transit Union, 264 So. 3d at 378 . | 1 | 2020–2020 |
State v. Whitfield
green
1 sentence2004Acknowledging that the purpose to be served by the rule was an insufficient basis alone to require this result, the court found that the second and third factors "clearly favor[ed] retroactivity," concluding that because Missouri's capital sentencing statute differs significantly from that of other states, the extent of reliance on the former rule and the effect on the administration of justice was extremely limited. 107 S.W.3d at 268-69 . | 1 | 2004–2004 |
Gardner v. State
green
1 sentence2001Mindful of the axiom that a defendant is entitled to have the jury instructed on the theory of defense if any evidence supports that theory, see Gardner v. State, 480 So.2d 91 (Fla.1985), we must review the evidence offered at trial to see whether the second and third factors in the Alderman test were satisfied. | 1 | 2001–2001 |
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.