Stokes motion (Florida) · Go Syfert
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Stokes motion in Florida

9 Florida opinions name it 1 courts 2000–2024 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.

Followed or applied (5)

CaseFollowedCited
Gutierrez v. Stategreen
fladistctapp · 2001 · cited in 2 Florida opinions naming this issue, 2001–2003
2 sentences

2003See Gutierrez v. State, 778 So.2d 372 (Fla. 2d DCA 2001).

2001See Gutierrez v. State, 778 So.2d 372 (Fla. 2d DCA 2001).

22
Beard v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See Beard v. State, 27 So.3d 186, 188 (Fla. 5th DCA 2010).

11
Evans v. Stategreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2005–2005
2 sentences

2005See § 90.401, Fla. Stat. (2005) (defining relevant evidence as "evidence tending to prove or disprove a material fact"). *517 Relying on Evans v. State, 800 So.2d 182, 191 (Fla.2001), the State argues "there is no reasonable possibility that [appellant] would not have been convicted had the jury been kept ignorant of his membership in the gang." In Evans , the Florida Supreme Court found that mentioning the defendant's gang membership was harmless since there was "strong evidence of Evans' guilt" and "the State did not argue that the murder was gang-related or motivated by Evans' membership in

2005See § 90.401, Fla. Stat. (2005) (defining relevant evidence as "evidence tending to prove or disprove a material fact"). *517 Relying on Evans v. State, 800 So.2d 182, 191 (Fla.2001), the State argues "there is no reasonable possibility that [appellant] would not have been convicted had the jury been kept ignorant of his membership in the gang." In Evans , the Florida Supreme Court found that mentioning the defendant's gang membership was harmless since there was "strong evidence of Evans' guilt" and "the State did not argue that the murder was gang-related or motivated by Evans' membership in

11
Cook v. Stategreen
fla · 1989 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Cook v. State, 542 So.2d 964 (Fla.1989); Mills v. State, 462 So.2d 1075 (Fla.1985).

11
Francini v. INTERN. MARBLE TRADES, INC.green
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2000–2000
2 sentences

2000However, under Francini v. International Marble Trades, Inc., 546 So.2d 777, 778 (Fla. 3d DCA 1989), this exception to the Stokes immunity rule is limited to situations where the two actions possess an identity of parties and issues.

2000However, under Francini v. International Marble Trades, Inc., 546 So.2d 777, 778 (Fla. 3d DCA 1989), this exception to the Stokes immunity rule is limited to situations where the two actions possess an identity of parties and issues.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
All-South Subcontractors, Inc. Inc. v. Amerigas Propane, Inc. and Amerigas Propane, L.P. green
fladistctapp · 2016
1 sentence

2024Our decision in All South Subcontractors, Inc. v. Amerigas Propane, Inc., 206 So. 3d 77 (Fla. 1st DCA 2016), is instructive.

12024–2024
Spera v. State green
fla · 2007
1 sentence

2013If no records exist to refute this claim, the trial court should grant Stokes’ request to amend it pursuant to Spera v. State, 971 So.2d 754 (Fla.2007).

12013–2013
Mills v. State green
fla · 1985
1 sentence

2001See Cook v. State, 542 So.2d 964 (Fla.1989); Mills v. State, 462 So.2d 1075 (Fla.1985).

12001–2001
Greeson v. State green
fladistctapp · 1998
1 sentence

2000Stokes has stated a facially sufficient claim, see Greeson v. State, 729 So.2d 397 (Fla. 1st DCA 1998), and the attachments to the order denying post-conviction relief do not conclusively refute this claim, see Pennington v. State, 680 So.2d 507 (Fla. 1st DCA 1996).

12000–2000
Pennington v. State green
fladistctapp · 1996
1 sentence

2000Stokes has stated a facially sufficient claim, see Greeson v. State, 729 So.2d 397 (Fla. 1st DCA 1998), and the attachments to the order denying post-conviction relief do not conclusively refute this claim, see Pennington v. State, 680 So.2d 507 (Fla. 1st DCA 1996).

12000–2000

Where else courts name it

FL 9 (2000–2024) GA 4 (1981–2014) MS 3 (2014–2018) MA 3 (1979–1987) DE 3 (1979–2025) TX 3 (2009–2021) SC 3 (1989–2022) OK 2 (2015–2015) WA 2 (2001–2025) IL 2 (1989–2008) AL 2 (2006–2010)

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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