evidence constitutes reversible error (Florida) · Go Syfert
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evidence constitutes reversible error in Florida

8 Florida opinions name it 2 courts 1957–2012 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)

CaseFollowedCited
Holley v. Kelleygreen
fla · 1957 · cited in 6 Florida opinions naming this issue, 1957–2012
2 sentences

2012The defendant’s version of the incident was sufficient to support this instruction. “[W]here the evidence is inconclusive or conflicting, the failure of the trial judge to provide a charge which lays down standards for the jury to follow under varying permissible views of the evidence constitutes reversible error.” Barnes v. State, 93 So.2d 863, 864 (Fla.1957) (quoting Holley v. Kelley, 91 So.2d 862, 864 (Fla.1957)).

1972We quote from our opinion in Parrish , quoting in turn from the Supreme Court opinion in Barnes v. State, Fla. 1957, 93 So.2d 863 , 864: "It is well settled that `where the evidence is inconclusive or conflicting, the failure of the trial judge to provide a charge which lays down standards for the jury to follow under varying permissible views of the evidence constitutes reversible error.' Holley v. Kelley, Fla. 1957, 91 So.2d 862, 864 , and cases cited.

16
Barnes v. Stategreen
fla · 1957 · cited in 3 Florida opinions naming this issue, 1959–2012
2 sentences

2012The defendant’s version of the incident was sufficient to support this instruction. “[W]here the evidence is inconclusive or conflicting, the failure of the trial judge to provide a charge which lays down standards for the jury to follow under varying permissible views of the evidence constitutes reversible error.” Barnes v. State, 93 So.2d 863, 864 (Fla.1957) (quoting Holley v. Kelley, 91 So.2d 862, 864 (Fla.1957)).

1972We quote from our opinion in Parrish , quoting in turn from the Supreme Court opinion in Barnes v. State, Fla. 1957, 93 So.2d 863 , 864: "It is well settled that `where the evidence is inconclusive or conflicting, the failure of the trial judge to provide a charge which lays down standards for the jury to follow under varying permissible views of the evidence constitutes reversible error.' Holley v. Kelley, Fla. 1957, 91 So.2d 862, 864 , and cases cited.

13

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 (2)

CaseCitedYears
Schweikert v. Palm Beach Speedway, Inc. green
fla · 1958
1 sentence

1976Schweikert v. Palm Beach Speedway, Inc., Fla. 1958, 100 So.2d 804 .

11976–1976
Loftin v. Skelton green
fla · 1943
2 sentences

1957Loftin v. Skelton, 152 Fla. 437 , 12 So.2d 175 ; Tatum Bros.

1957Loftin v. Skelton, 152 Fla. 437 , 12 So.2d 175 ; Tatum Bros.

11957–1957

Where else courts name it

NC 9 (1952–1993) FL 8 (1957–2012) MO 7 (1974–2020) OK 3 (1994–1999) VA 3 (2005–2015) MS 3 (2003–2007) TX 2 (1990–1991) IL 2 (1935–1985)

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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