68 Florida opinions name it 2 courts 1934–2021 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 |
|---|---|---|
Anderson v. Stategreen2 sentences2020“In deciding whether death - 19 - is a proportionate penalty, ‘we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.’ ” Offord v. State, 959 So. 2d 187, 191 (Fla. 2007) (quoting Anderson v. State, 841 So. 2d 390, 407-08 (Fla. 2003)). 2020Proportionality Although Bush does not argue proportionality, this Court is required to conduct “a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.” Offord v. State, 959 So. 2d 187, 191 (Fla. 2007) (quoting Anderson v. State, 841 So. 2d 390 , 407- 08 (Fla. 2003)). | 22 | 23 |
Offord v. Stategreen2 sentences2020“In deciding whether death - 19 - is a proportionate penalty, ‘we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.’ ” Offord v. State, 959 So. 2d 187, 191 (Fla. 2007) (quoting Anderson v. State, 841 So. 2d 390, 407-08 (Fla. 2003)). 2020Proportionality Although Bush does not argue proportionality, this Court is required to conduct “a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.” Offord v. State, 959 So. 2d 187, 191 (Fla. 2007) (quoting Anderson v. State, 841 So. 2d 390 , 407- 08 (Fla. 2003)). | 18 | 18 |
Floyd v. Stategreen2 sentences2017App. P. 9.142(a)(5). “[T]o ensure uniformity in death penalty proceedings, ‘we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.’” Floyd v. State, 913 So.2d 564, 578 (Fla. 2005) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla. 2003)). 2017App. P. 9.142(a)(5). “[T]o ensure uniformity in death penalty proceedings, ‘we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.’ ” Floyd v. State, 913 So. 2d 564, 578 (Fla. 2005) (quoting Anderson v. State, 841 So. 2d 390, 407-08 (Fla. 2003)). | 10 | 10 |
Williams v. Stategreen2 sentences2014This entails “a qualitative review by this Court of the underlying basis for each aggravator and mitigator rather than a quantitative analysis.” In other words, proportionality review “is not a comparison between the number of aggravating and mitigating circumstances.” Williams v. State, 37 So. 3d 187, 205 (Fla. 2010) (quoting Offord v. State, 959 So. 2d 187, 191 (Fla. 2007) (citations omitted)). 2012This Court will also make “a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.” Williams, 37 So.3d at 205 (quoting Of ford v. State, 959 So.2d 187, 191 (Fla.2007)). | 7 | 9 |
Porter v. Stategreen2 sentences2006See Floyd v. State, 913 So.2d 564, 578 (Fla.2005); Porter v. State, 564 So.2d 1060, 1064 (Fla.1990). "[W]e make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence." Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003) (citation omitted). 2006See, e.g., Porter v. State, 564 So.2d 1060, 1064 (Fla.1990). "[T]o ensure uniformity in death penalty proceedings, `we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.'" Floyd v. State, 913 So.2d 564, 578 (Fla.2005) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)). | 7 | 7 |
Tillman v. Stategreen2 sentences2020“This entails ‘a qualitative review . . . of the underlying basis for each aggravator and mitigator rather than a quantitative analysis.’ ” Id. (quoting Urbin v. State, 714 So. 2d 411, 416 (Fla. 1998)). “[P]roportionality review in death cases rests at least in part on the recognition that death is a uniquely irrevocable penalty, requiring a more intensive level of judicial scrutiny or process than would lesser penalties.” Tillman v. State, 591 So. 2d 167, 169 (Fla. 1991). 2009See Tillman v. State, 591 So.2d 167, 169 (Fla.1991). “[W]e make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.” Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003) (emphasis supplied) (citation omitted). | 6 | 6 |
Urbin v. Stategreen2 sentences2020“This entails ‘a qualitative review . . . of the underlying basis for each aggravator and mitigator rather than a quantitative analysis.’ ” Id. (quoting Urbin, 714 So. 2d at 417 . 2003In conducting this review, we make a comprehensive analysis in order to determine *408 whether the crime falls within the category of both the most aggravated and the least mitigated of murders, see Cooper v. State, 739 So.2d 82, 85 (Fla.1999), thereby assuring uniformity in the application of the sentence, see Urbin v. State, 714 So.2d 411, 416-17 (Fla.1998). | 5 | 7 |
Henao v. Professional Shoe Repair, Inc.green2 sentences2021“Section 542.335 contains a comprehensive framework for analyzing, evaluating and enforcing restrictive covenants in Florida based on an ‘unfair competition’ analysis.” Henao v. Prof’l Shoe Repair, Inc., 929 So. 2d 723, 726 (Fla. 5th DCA 2006). “[T]he term ‘restrictive covenants’ includes all contractual restrictions upon competition, such as noncompetition/nonsolicitation agreements, confidentiality agreements, exclusive dealing agreements, and all other contractual restraints of trade.” Id. 2021“Section 542.335 contains a comprehensive framework for analyzing, evaluating and enforcing restrictive covenants in Florida based on an ‘unfair competition’ analysis.” Henao v. Prof’l Shoe Repair, Inc., 929 So. 2d 723, 726 (Fla. 5th DCA 2006). “[T]he term ‘restrictive covenants’ includes all contractual restrictions upon competition, such as noncompetition/nonsolicitation agreements, confidentiality agreements, exclusive dealing agreements, and all other contractual restraints of trade.” Id. | 3 | 3 |
In Re: Amendments to Florida Family Law Rules of Proceduregreen2 sentences2018See In re Amendments to Florida Family Law Rules of Procedure , 214 So.3d 400 , 407 (Fla. 2017). 2018See In re Amendments to Florida Family Law Rules of Procedure , 214 So.3d 400 , 407 (Fla. 2017). | 3 | 3 |
Rodgers v. Stategreen2 sentences2008Because the death penalty is reserved for only the most aggravated and the least mitigated of first-degree murders, the Court undertakes "a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence." Rodgers v. State, 948 So.2d 655, 669 (Fla.2006) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)). 2008That is, this Court “make[s] a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.” Rodgers v. State, 948 So.2d 655, 669 (Fla.2006) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)), cert. denied, — U.S. -, 128 S.Ct. 59 , 169 L.Ed.2d 50 (2007). | 2 | 2 |
Russenberger v. Russenbergergreen1 sentence2018See Russenberger v. Russenberger, 623 So. 2d 1244, 1245-46 (Fla. 1st DCA 1993), aff’d 1 As of March 16, 2017, the Florida Supreme Court adopted a more comprehensive rule related to examinations in the family law context. | 1 | 1 |
Morton's of Chicago, Inc. v. Liragreen1 sentence2018KHOUZAM and SLEET, JJ., Concur. 3Beyond pictorial proscriptions against biting apples more than once or affording "extra innings," see, e.g., Morton's of Chicago, Inc. v. Lira, 48 So. 3d 76, 80 (Fla. 1st DCA 2010)—metaphors that, even on their own terms, have become increasingly riddled with exceptions, see, e.g., Paeth v. U.S. Bank Nat'l Ass'n for C- Bass Mortg. | 1 | 1 |
Sonny Boy Oats, Jr. v. State of Floridagreen1 sentence2016See Oats v. State, 181 So.3d 457 (Fla.2015). | 1 | 1 |
Supinski v. OMNI HEALTHCARE, PAgreen1 sentence2013Supinski v. Omni Healthcare, P.A., 853 So.2d 526, 529-30 (Fla. 5th DCA 2003); see also § 542.335(l)(j), Fla. Stat. Section 542.335 contains a comprehensive framework for analyzing, evaluating and enforcing restrictive covenants contained in contracts. | 1 | 1 |
Barnes v. Stategreen1 sentence2012Barnes v. State, 29 So.3d 1010, 1028 (Fla.), cert. denied, — U.S. -, 131 S.Ct. 234 , 178 L.Ed.2d 155 (2010). “[T]o ensure uniformity in death penalty proceedings, ‘[this Court] make[s] a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.’ ” Floyd v. State, 913 So.2d 564, 578 (Fla.2005) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)). | 1 | 1 |
Beasley v. Stategreen2 sentences2009Beasley v. State, 774 So.2d 649, 673 (Fla.2000). “[T]o ensure uniformity in death penalty proceedings, ‘we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.’ ” Floyd v. State, 913 So.2d 564, 578 (Fla.2005) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)). 2009Beasley v. State, 774 So.2d 649, 673 (Fla.2000). "[T]o ensure uniformity in death penalty proceedings, `we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.'" Floyd v. State, 913 So.2d 564, 578 (Fla.2005) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)). | 1 | 1 |
Sexton v. Stategreen1 sentence2009This review “is not a comparison between the number of aggravating and mitigating circumstances.” Sexton v. State, 775 So.2d 923, 935 (Fla.2000) (quoting Porter v. State, 564 So.2d 1060, 1064 (Fla.1990)). | 1 | 1 |
Cramer v. Chilesgreen1 sentence2006See id. | 1 | 1 |
Roberts v. FLORIDA DEPT. OF CHILDREN & FAMILIESgreen1 sentence2004Nevertheless, if there is a fit and able non-offending parent willing to take custody, "the court shall place the child with that parent upon completion of a home study, unless the court finds that such placement would endanger the safety, well-being, or physical, mental, or emotional health of the child." See § 39.521, Fla. Stat. (2003); Roberts v. Fla. Dep't of Children & Families, 687 So.2d 51, 51 (Fla. 3d DCA 1997) (finding that because there was no evidence nor any finding that the placement "would endanger the safety and wellbeing of the child," the mandatory terms of section 39.41(1), [ | 1 | 1 |
Cooper v. Stategreen1 sentence2003In conducting this review, we make a comprehensive analysis in order to determine *408 whether the crime falls within the category of both the most aggravated and the least mitigated of murders, see Cooper v. State, 739 So.2d 82, 85 (Fla.1999), thereby assuring uniformity in the application of the sentence, see Urbin v. State, 714 So.2d 411, 416-17 (Fla.1998). | 1 | 1 |
Boschen v. City of Clearwatergreen2 sentences2002While the factual setting we analyzed in Boschen differs from the instant case because "[a] final judgment validating bonds comes to this Court with a presumption of correctness," id. at 962 , the comprehensive inquiry performed by this Court in Boschen reveals that we thoroughly examined all of the legal conclusions rendered by the trial court. 2002For example, this Court both "determine[d] whether the evidence presented at the validation hearing supported the trial court's validation of the bonds," and examined whether sufficient evidence existed in the record to "demonstrate[] that the overall project promotes public health and safety." Id. at 966, 968 . | 1 | 1 |
| Rose v. Stategreen | 1 | 1 |
| Larzelere v. Stategreen | 1 | 1 |
| Johnson v. Stategreen | 1 | 1 |
| Hofer v. Lavendergreen | 1 | 1 |
| Perry v. Meltongreen | 1 | 1 |
| Schneider v. Gustafson Industries, Inc.green | 1 | 1 |
| Strickland v. Washingtongreen | 1 | 1 |
| Citizens of Florida v. Mayogreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ana Maria Cardona v. State of Florida
green
1 sentence2017The trial court in Cardona also failed to perform “a comprehensive analysis of all three prongs [of intellectual disability] as set forth in Hall and its progeny.” Id. at 527 . | 1 | 2017–2017 |
Bennett v. State
green
1 sentence2013The overview of the law on preservation of evidence in Bennett is actually dicta, 23 So.3d at 788 , but it presents a comprehensive analysis of Florida, federal, and out-of-state case law on this topic. | 1 | 2013–2013 |
Agee v. Britten
green
1 sentence2012Barnes v. State, 29 So.3d 1010, 1028 (Fla.), cert. denied, — U.S. -, 131 S.Ct. 234 , 178 L.Ed.2d 155 (2010). “[T]o ensure uniformity in death penalty proceedings, ‘[this Court] make[s] a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.’ ” Floyd v. State, 913 So.2d 564, 578 (Fla.2005) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)). | 1 | 2012–2012 |
Prescott v. Thaler
green
1 sentence2012Barnes v. State, 29 So.3d 1010, 1028 (Fla.), cert. denied, — U.S. -, 131 S.Ct. 234 , 178 L.Ed.2d 155 (2010). “[T]o ensure uniformity in death penalty proceedings, ‘[this Court] make[s] a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.’ ” Floyd v. State, 913 So.2d 564, 578 (Fla.2005) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)). | 1 | 2012–2012 |
Orhs v. Florida Birth-Related Neurological
green
2 sentences2011The Orlando Regional court did not articulate a comprehensive rule for limiting the scope of “the immediate postdelivery period” but instead recognized that “the application of this definition in determining plan compensability must be applied on a case-by-case basis.” Id. at 430 . 2011The Orlando Regional court did not articulate a comprehensive rule for limiting the scope of "the immediate postdelivery period" but instead recognized that "the application of this definition in determining plan compensability must be applied on a case-by-case basis." Id. at 430 . | 1 | 2011–2011 |
Pulley v. Harris
green
2 sentences2008Further, Hunter’s invitation for this Court to overturn United States Supreme Court precedent, namely Pulley v. Harris, 465 U.S. 37 , 104 S.Ct. 871 , 79 L.Ed.2d 29 (1984), is without foundation. 2008Further, Hunter’s invitation for this Court to overturn United States Supreme Court precedent, namely Pulley v. Harris, 465 U.S. 37 , 104 S.Ct. 871 , 79 L.Ed.2d 29 (1984), is without foundation. | 1 | 2008–2008 |
Speights v. Commissioners of Public Works
green
2 sentences2008That is, this Court “make[s] a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence.” Rodgers v. State, 948 So.2d 655, 669 (Fla.2006) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)), cert. denied, — U.S. -, 128 S.Ct. 59 , 169 L.Ed.2d 50 (2007). 2008That is, this Court "make[s] a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence." Rodgers v. State, 948 So.2d 655, 669 (Fla.2006) (quoting Anderson v. State, 841 So.2d 390, 407-08 (Fla.2003)), cert. denied, ___ U.S. ____, 128 S.Ct. 59 , 169 L.Ed.2d 50 (2007). | 1 | 2008–2008 |
Crawford v. Head, Warden
green
2 sentences2005Thus, to ensure uniformity in death penalty proceedings, "we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence." Anderson v. State, 841 So.2d 390, 407-08 (Fla.), cert. denied, 540 U.S. 956 , 124 S.Ct. 408 , 157 L.Ed.2d 292 (2003). 2005Thus, to ensure uniformity in death penalty proceedings, "we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence." Anderson v. State, 841 So.2d 390, 407-08 (Fla.), cert. denied, 540 U.S. 956 , 124 S.Ct. 408 , 157 L.Ed.2d 292 (2003). | 1 | 2005–2005 |
Lynn v. Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
green
1 sentence2005Thus, to ensure uniformity in death penalty proceedings, "we make a comprehensive analysis in order to determine whether the crime falls within the category of both the most aggravated and the least mitigated of murders, thereby assuring uniformity in the application of the sentence." Anderson v. State, 841 So.2d 390, 407-08 (Fla.), cert. denied, 540 U.S. 956 , 124 S.Ct. 408 , 157 L.Ed.2d 292 (2003). | 1 | 2005–2005 |
| Florida Farm Bureau Cas. Co. v. Hurtado green | 1 | 1993–1993 |
| Allied Fidelity Ins. Co. v. State green | 1 | 1985–1985 |
| National Labor Relations Board v. Hendricks County Rural Electric Membership Corp. green | 1 | 1985–1985 |
| Fraser v. Willey neutral | 1 | 1985–1985 |
| Reid v. Southern Development Co. neutral | 1 | 1985–1985 |
| Summonte v. First American Title Insurance neutral | 1 | 1984–1984 |
| Klinko v. H. C. Gabler, Inc. neutral | 1 | 1984–1984 |
| Summonte v. First Amer. Title Ins. Co. green | 1 | 1984–1984 |
| Jarchow v. Transamerica Title Insurance red | 1 | 1984–1984 |
| Summonte v. First American Title Insurance Co. neutral | 1 | 1984–1984 |
| Knight v. State green | 1 | 1984–1984 |
| Cates v. State green | 1 | 1982–1982 |
| Richardson v. State green | 1 | 1981–1981 |
| Meridith v. Meridith green | 1 | 1980–1980 |
| Cummings v. Cummings green | 1 | 1980–1980 |
| Commercial Carrier Corp. v. Indian River Cty. green | 1 | 1979–1979 |
| Bernhardt v. State green | 1 | 1974–1974 |
| Myrick v. State green | 1 | 1967–1967 |
| Myrick v. State green | 1 | 1967–1967 |
| City of Miami Beach v. ELSALTO REAL ESTATE neutral | 1 | 1958–1958 |
| City of Miami Beach v. Hogan green | 1 | 1958–1958 |
| Village of Euclid v. Ambler Realty Co. green | 1 | 1934–1934 |
| City of Jackson v. McPherson green | 1 | 1934–1934 |
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.