defendant raised defense in Florida

8 Florida opinions name it 2 courts 1973–2015 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 (2)

Case	Followed	Cited
Yohn v. Stategreen fla · 1985 · cited in 1 Florida opinions naming this issue, 2015–2015 1 sentence 2015See Yohn v. State, 476 So.2d 123, 126 (Fla.1985).	1	1
Ensign Bank, F.S.B. v. South Florida Warehousing IIgreen fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 1996–1996 1 sentence 1996See Ensign Bank, F.S.B. v. South Florida Warehousing II, 582 So.2d 165 (Fla. 4th DCA 1991); L.L. v. Zipperer, 484 So.2d 92 (Fla. 5th DCA 1986); Parrino v. Ayers, 469 So.2d 837 (Fla. 5th DCA), review denied, 479 So.2d 118 (Fla.1985); McHan v. Huggins, 459 So.2d 1172 (Fla. 5th DCA 1984); Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (16)

Case	Cited	Years
Evans v. State green fla · 2008 2 sentences 2015Boyd also likened the facts of this case to those in Evans v. State, 995 So.2d 933 (Fla.2008), where the defendant raised a claim of ineffective assistance of counsel for failure to object to a juror’s participation in the trial. 2015Boyd also likened the facts of this case to those in Evans v. State, 995 So. 2d 933 (Fla. 2008), where the defendant raised a claim of ineffective assistance of counsel for failure to object to a juror’s participation in the trial.	1	2015–2015
Parrino v. Ayers green fladistctapp · 1985 1 sentence 1996See Ensign Bank, F.S.B. v. South Florida Warehousing II, 582 So.2d 165 (Fla. 4th DCA 1991); L.L. v. Zipperer, 484 So.2d 92 (Fla. 5th DCA 1986); Parrino v. Ayers, 469 So.2d 837 (Fla. 5th DCA), review denied, 479 So.2d 118 (Fla.1985); McHan v. Huggins, 459 So.2d 1172 (Fla. 5th DCA 1984); Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981).	1	1996–1996
McHan v. Huggins green fladistctapp · 1984 1 sentence 1996See Ensign Bank, F.S.B. v. South Florida Warehousing II, 582 So.2d 165 (Fla. 4th DCA 1991); L.L. v. Zipperer, 484 So.2d 92 (Fla. 5th DCA 1986); Parrino v. Ayers, 469 So.2d 837 (Fla. 5th DCA), review denied, 479 So.2d 118 (Fla.1985); McHan v. Huggins, 459 So.2d 1172 (Fla. 5th DCA 1984); Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981).	1	1996–1996
Galbraith v. Inglese green fladistctapp · 1981 1 sentence 1996See Ensign Bank, F.S.B. v. South Florida Warehousing II, 582 So.2d 165 (Fla. 4th DCA 1991); L.L. v. Zipperer, 484 So.2d 92 (Fla. 5th DCA 1986); Parrino v. Ayers, 469 So.2d 837 (Fla. 5th DCA), review denied, 479 So.2d 118 (Fla.1985); McHan v. Huggins, 459 So.2d 1172 (Fla. 5th DCA 1984); Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981).	1	1996–1996
L.L. v. Zipperer green fladistctapp · 1986 1 sentence 1996See Ensign Bank, F.S.B. v. South Florida Warehousing II, 582 So.2d 165 (Fla. 4th DCA 1991); L.L. v. Zipperer, 484 So.2d 92 (Fla. 5th DCA 1986); Parrino v. Ayers, 469 So.2d 837 (Fla. 5th DCA), review denied, 479 So.2d 118 (Fla.1985); McHan v. Huggins, 459 So.2d 1172 (Fla. 5th DCA 1984); Galbraith v. Inglese, 402 So.2d 574 (Fla. 4th DCA 1981).	1	1996–1996
Lewis v. State green fla · 1991 1 sentence 1992This is not a case like Lewis v. State, 591 So.2d 922 (Fla.1991), in which the defendant raised the defense that the victim fabricated the rape to conceal a prior sexual relationship with a third party.	1	1992–1992
Young v. State green fladistctapp · 1990 1 sentence 1992This case is more akin to Young v. State, 562 So.2d 370 (Fla. 3d DCA 1990).	1	1992–1992
United States v. James H. Herzog green ca8 · 1981 1 sentence 1991In United States v. Herzog, 644 F.2d 713 (8th Cir.), cert. denied, 451 U.S. 1018 , 101 S.Ct. 3008 , 69 L.Ed.2d 390 (1981), the court found a waiver where the defendant raised his defense in a motion for collateral relief filed more than a year after his convictions based upon three guilty pleas and one nolo contendere plea.	1	1991–1991
United States v. Mark Christopher Pratt green ca8 · 1981 1 sentence 1991Similarly in United States v. Pratt, 657 F.2d 218 (8th Cir.1981), the court found that the defendant impliedly waived his double jeopardy claim during negotiation of a guilty plea in exchange for the government's dropping several counts of the indictment.	1	1991–1991
Johnson v. United States green scotus · 1981 1 sentence 1991In United States v. Herzog, 644 F.2d 713 (8th Cir.), cert. denied, 451 U.S. 1018 , 101 S.Ct. 3008 , 69 L.Ed.2d 390 (1981), the court found a waiver where the defendant raised his defense in a motion for collateral relief filed more than a year after his convictions based upon three guilty pleas and one nolo contendere plea.	1	1991–1991
Wernke v. Miller green scotus · 1981 1 sentence 1991In United States v. Herzog, 644 F.2d 713 (8th Cir.), cert. denied, 451 U.S. 1018 , 101 S.Ct. 3008 , 69 L.Ed.2d 390 (1981), the court found a waiver where the defendant raised his defense in a motion for collateral relief filed more than a year after his convictions based upon three guilty pleas and one nolo contendere plea.	1	1991–1991
Baker v. Commissioner green scotus · 1981 1 sentence 1991In United States v. Herzog, 644 F.2d 713 (8th Cir.), cert. denied, 451 U.S. 1018 , 101 S.Ct. 3008 , 69 L.Ed.2d 390 (1981), the court found a waiver where the defendant raised his defense in a motion for collateral relief filed more than a year after his convictions based upon three guilty pleas and one nolo contendere plea.	1	1991–1991
Railway Express Agency, Inc. v. Garland green fladistctapp · 1972 1 sentence 1985In Railway Express Agency, Inc. v. Garland, 269 So.2d 708 (Fla. 1st DCA 1972), cert. denied, 275 So.2d 14 (Fla. 1973), the presumption was held to be rebutted as applied to plaintiff's decedent, who struck the rear of a bus that was stopped improperly on an expressway.	1	1985–1985
Railway Express Agency, Inc. v. Garland green fla · 1973 1 sentence 1985In Railway Express Agency, Inc. v. Garland, 269 So.2d 708 (Fla. 1st DCA 1972), cert. denied, 275 So.2d 14 (Fla. 1973), the presumption was held to be rebutted as applied to plaintiff's decedent, who struck the rear of a bus that was stopped improperly on an expressway.	1	1985–1985
State v. Tait green fla · 1980 1 sentence 1984An identical argument was refuted in State v. Tait, 387 So.2d 338 (Fla. 1980), where the defendant raised the defense of insanity but did not move for a hearing to determine his competency to stand trial.	1	1984–1984
State v. Washington green fla · 1972 1 sentence 1973The supreme court remanded the case to this court, emphasizing its adherence to Washington, supra , but cautioning in the footnote that we might sustain the conviction in any event for failure to object at trial pursuant to Fla. Stat. § 918.10 (4) (now F.A.R. 6.7(g) 32 F.S.A.).	1	1973–1973

Where else courts name it

IL 34 (1954–2025) CT 23 (1982–2026) MA 20 (1981–2026) PA 13 (1970–2026) LA 10 (1990–2020) MI 9 (1917–2024) MN 9 (2005–2025) FL 8 (1973–2015) WA 8 (1984–2019) NM 7 (2003–2022) NC 6 (2006–2017) AL 6 (1991–2001) CA 6 (1985–2020) TX 6 (1992–2023) KS 5 (1994–2017) NY 5 (1984–2017) OH 4 (2007–2025) MO 4 (1905–2015) AZ 4 (1990–2020) GA 4 (1936–2019) OK 3 (2017–2024) OR 3 (1997–2015) IN 3 (1995–2015) MT 3 (1988–2000) MD 3 (2003–2011) NV 3 (2018–2018) UT 3 (2024–2026) NH 2 (1984–1995) MS 2 (2000–2022) WY 2 (1975–1978) IA 2 (2019–2019) TN 2 (1999–2019) NJ 2 (2002–2019)

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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