Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
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.
| Case | Followed | Cited |
|---|---|---|
Holley v. Kelleygreen2 sentences2012The 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. | 1 | 6 |
Barnes v. Stategreen2 sentences2012The 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. | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Schweikert v. Palm Beach Speedway, Inc.
green
1 sentence1976Schweikert v. Palm Beach Speedway, Inc., Fla. 1958, 100 So.2d 804 . | 1 | 1976–1976 |
Loftin v. Skelton
green
2 sentences1957Loftin v. Skelton, 152 Fla. 437 , 12 So.2d 175 ; Tatum Bros. 1957Loftin v. Skelton, 152 Fla. 437 , 12 So.2d 175 ; Tatum Bros. | 1 | 1957–1957 |
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.