due inquiry (Florida) · Go Syfert
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due inquiry in Florida

8 Florida opinions name it 2 courts 1996–2024 2 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 (4)

CaseFollowedCited
Green v. Stategreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024Green v. State, 463 So. 2d 1139, 1140 (Fla. 1985) (“As we have stated previously, this process constitutes a deferred sentencing proceeding.”); Shields v. State, 296 So. 3d 967 , 972 (Fla. 2d DCA 2020) (“[A] sentencing after a revocation of probation is, for all intents and purposes, just a resentencing on the original offense.”); see also § 948.06(2)(b), Fla. Stat. (stating that if probation is revoked, a court shall “impose any sentence which it might have originally imposed before placing the probationer on probation”) (emphasis added); § 921.002(1)(g), Fla. Stat. (stating that under the Cr

11
Sapp v. Warnergreen
fla · 1932 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020See Harkless, 278 So. 3d at 733 (“What will amount to a due inquiry must largely depend upon the circumstances of each case.” (quoting Sapp v. Warner, 141 So. 124, 129 (Fla. 1932))). ii.

11
Maddox v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001Despite that provision in the Criminal Punishment Code, in Maddox v. State, 760 So.2d 89, 101, n. 9 (Fla.2000), the Florida Supreme Court pointed out that "for those who committed their crimes after October 1, 1998, section 921.0024(2), Florida Statutes (1999), provides that `if the lowest permissible sentence under the code exceeds the statutory maximum sentence as provided in s. 775.082, the sentence required by the code must be imposed.'" Section 921.0024 is the Criminal Punishment Code worksheet and explains how score sheets should be completed.

11
Singletary v. Stategreen
fla · 1975 · cited in 1 Florida opinions naming this issue, 1998–1998
1 sentence

1998Singletary v. State, 322 So.2d 551, 552 (Fla.1975) ("[W]e adhere to the settled principle of constitutional law that courts should not pass upon the constitutionality of statutes if the case in which the question arises may be effectively disposed of on other grounds.").

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 (4)

CaseCitedYears
Saar v. Wellesley at Lake Clarke Shores Homeowners Ass'n green
fladistctapp · 2011
1 sentence

2021Id. at 420 .

12021–2021
Loomis v. Cobb green
texapp · 1913
2 sentences

2019"What will amount to a due inquiry must largely depend upon the circumstances of each case." Id. (quoting Loomis, 159 S.W. at 307 ).

2019"What will amount to a due inquiry must largely depend upon the circumstances of each case." Id. (quoting Loomis, 159 S.W. at 307 ).

12019–2019
Jones v. State green
fladistctapp · 2011
2 sentences

2016The cost-benefit considerations contained in subsection 921.002(l)(i) later came into play during the 2008-09 fiscal crisis, when the legislature enacted section 775.082(10) “as a part of a cost-savings measure for the Department of Corrections, and the legislative staff analysis characterized the statute as a ‘prison diversion approach.’ ” Jones v. State, 71 So.3d 173 , 175 n. 4 (Fla. 1st DCA 2011) (quoting Fla. Comm, on Ways & Means, Bill Analysis & Fiscal Impact Statement FOR CS/SB 1722, at 1 (2009)). ’ Section 775.082(10) requires courts to “sentence certain non-violent low-scoring offende

2016The cost-benefit considerations contained in subsection 921.002(l)(i) later came into play during the 2008-09 fiscal crisis, when the legislature enacted section 775.082(10) “as a part of a cost-savings measure for the Department of Corrections, and the legislative staff analysis characterized the statute as a ‘prison diversion approach.’ ” Jones v. State, 71 So.3d 173 , 175 n. 4 (Fla. 1st DCA 2011) (quoting Fla. Comm, on Ways & Means, Bill Analysis & Fiscal Impact Statement FOR CS/SB 1722, at 1 (2009)). ’ Section 775.082(10) requires courts to “sentence certain non-violent low-scoring offende

12016–2016
United Steelworkers v. Warrior & Gulf Navigation Co. green
scotus · 1960
2 sentences

1996United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582 , 80 S.Ct. 1347, 1352 , 4 L.Ed.2d 1409 (1960).

1996United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582 , 80 S.Ct. 1347, 1352 , 4 L.Ed.2d 1409 (1960).

11996–1996

Statutes the citing opinions construe

FL § 921.002 (3)

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

IL 34 (1977–2025) PA 18 (1983–2019) AL 17 (1917–2015) FL 8 (1996–2024) NY 5 (1914–2021) MI 4 (1971–2025) MS 3 (1993–2015) TX 3 (1892–1982) MO 2 (1905–1913) AR 2 (1894–1991) CA 2 (2021–2023) AZ 2 (2012–2013) KS 2 (1932–1959)

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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