guilty knowledge requirement (Florida) · Go Syfert
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guilty knowledge requirement in Florida

8 Florida opinions name it 2 courts 2002–2012 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 (5)

CaseFollowedCited
Scott v. Stategreen
fla · 2002 · cited in 2 Florida opinions naming this issue, 2002–2003
2 sentences

2003The Fifth District affirmed the trial court, relying in part on the conclusion "that any failure to give the requested instruction was harmless error because Scott's defense was not based on lack of knowledge of the illicit nature of the substance." Id. at 168-69 .

2002In Scott, 808 So.2d 166 , our supreme court held that if a guilty knowledge instruction is requested, and guilty knowledge is an issue, the failure to give such an instruction cannot be harmless.

12
Garnett v. Stategreen
md · 1993 · cited in 1 Florida opinions naming this issue, 2012–2012
2 sentences

2012See, e.g., Cordoba-Hincapie, 825 F.Supp. at 495-96 ; Garnett v. State, 332 Md. 571 , 632 A.2d 797, 801 (1993). .

2012See, e.g., Cordoba-Hincapie, 825 F.Supp. at 495-96 ; Garnett v. State, 332 Md. 571 , 632 A.2d 797, 801 (1993). .

11
United States v. Cordoba-Hincapiegreen
nyed · 1993 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See, e.g., Cordoba-Hincapie, 825 F.Supp. at 495-96 ; Garnett v. State, 332 Md. 571 , 632 A.2d 797, 801 (1993). .

11
Giorgetti v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004Id.; see also Giorgetti v. State, 821 So.2d 417, 420-21 (Fla. 4th DCA 2002), review granted, 837 So.2d 412 (Fla.2003).

11
Forget v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003In support of his ineffective assistance of counsel claim, Jones cites Forget v. State, 782 So.2d 410, 413 (Fla. 2d DCA 2001), which held on direct appeal that defense counsel was ineffective for failing to request a guilty knowledge instruction and that there was a "reasonable probability that the outcome of the trial would have been different but for the unsatisfactory assistance." See also Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

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 (9)

CaseCitedYears
State v. Delva green
fla · 1991
2 sentences

2003State v. Delva, 575 So.2d 643 (Fla.1991).

2003State v. Delva, 575 So.2d 643 (Fla.1991).

22003–2003
Strickland v. Washington green
scotus · 1984
2 sentences

2003In support of his ineffective assistance of counsel claim, Jones cites Forget v. State, 782 So.2d 410, 413 (Fla. 2d DCA 2001), which held on direct appeal that defense counsel was ineffective for failing to request a guilty knowledge instruction and that there was a "reasonable probability that the outcome of the trial would have been different but for the unsatisfactory assistance." See also Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2003In support of his ineffective assistance of counsel claim, Jones cites Forget v. State, 782 So.2d 410, 413 (Fla. 2d DCA 2001), which held on direct appeal that defense counsel was ineffective for failing to request a guilty knowledge instruction and that there was a "reasonable probability that the outcome of the trial would have been different but for the unsatisfactory assistance." See also Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

12003–2003
Goodman v. State green
fladistctapp · 2003
1 sentence

2003Goodman cites Scott in support of its holding that failure to give a guilty knowledge instruction was fundamental error in a case where the defendant "denied knowledge that the cannabis was present," and thus "placed in dispute the essential element of knowledge *770 of the illicit nature of the substance." Goodman, 839 So.2d at 903 .

12003–2003
State v. Medlin green
fla · 1973
1 sentence

2002This argument on preservation is not addressed in the district court opinion. [4] While the charged crime in the present case is possession of contraband in a correctional facility (section 944.47, Florida Statutes (1995)) and the charged crimes in Chicone were possession of cocaine and possession of drug paraphernalia, we note that elements of these offenses are substantially identical. [5] In the Chicone opinion this Court went to great lengths to discuss the guilty knowledge requirement that is implicit in the statute, as well as the law applicable to this subject dating back to Reynolds v.

12002–2002
Reynolds v. State green
fla · 1926
2 sentences

2002This argument on preservation is not addressed in the district court opinion. [4] While the charged crime in the present case is possession of contraband in a correctional facility (section 944.47, Florida Statutes (1995)) and the charged crimes in Chicone were possession of cocaine and possession of drug paraphernalia, we note that elements of these offenses are substantially identical. [5] In the Chicone opinion this Court went to great lengths to discuss the guilty knowledge requirement that is implicit in the statute, as well as the law applicable to this subject dating back to Reynolds v.

2002This argument on preservation is not addressed in the district court opinion. [4] While the charged crime in the present case is possession of contraband in a correctional facility (section 944.47, Florida Statutes (1995)) and the charged crimes in Chicone were possession of cocaine and possession of drug paraphernalia, we note that elements of these offenses are substantially identical. [5] In the Chicone opinion this Court went to great lengths to discuss the guilty knowledge requirement that is implicit in the statute, as well as the law applicable to this subject dating back to Reynolds v.

12002–2002
Frank v. State green
fladistctapp · 1967
1 sentence

2002This argument on preservation is not addressed in the district court opinion. [4] While the charged crime in the present case is possession of contraband in a correctional facility (section 944.47, Florida Statutes (1995)) and the charged crimes in Chicone were possession of cocaine and possession of drug paraphernalia, we note that elements of these offenses are substantially identical. [5] In the Chicone opinion this Court went to great lengths to discuss the guilty knowledge requirement that is implicit in the statute, as well as the law applicable to this subject dating back to Reynolds v.

12002–2002
Rutskin v. State green
fladistctapp · 1972
1 sentence

2002This argument on preservation is not addressed in the district court opinion. [4] While the charged crime in the present case is possession of contraband in a correctional facility (section 944.47, Florida Statutes (1995)) and the charged crimes in Chicone were possession of cocaine and possession of drug paraphernalia, we note that elements of these offenses are substantially identical. [5] In the Chicone opinion this Court went to great lengths to discuss the guilty knowledge requirement that is implicit in the statute, as well as the law applicable to this subject dating back to Reynolds v.

12002–2002
Spataro v. State green
fladistctapp · 1965
1 sentence

2002This argument on preservation is not addressed in the district court opinion. [4] While the charged crime in the present case is possession of contraband in a correctional facility (section 944.47, Florida Statutes (1995)) and the charged crimes in Chicone were possession of cocaine and possession of drug paraphernalia, we note that elements of these offenses are substantially identical. [5] In the Chicone opinion this Court went to great lengths to discuss the guilty knowledge requirement that is implicit in the statute, as well as the law applicable to this subject dating back to Reynolds v.

12002–2002
State v. Oxx green
fladistctapp · 1982
1 sentence

2002This argument on preservation is not addressed in the district court opinion. [4] While the charged crime in the present case is possession of contraband in a correctional facility (section 944.47, Florida Statutes (1995)) and the charged crimes in Chicone were possession of cocaine and possession of drug paraphernalia, we note that elements of these offenses are substantially identical. [5] In the Chicone opinion this Court went to great lengths to discuss the guilty knowledge requirement that is implicit in the statute, as well as the law applicable to this subject dating back to Reynolds v.

12002–2002

Statutes the citing opinions construe

FL § 893.101 (4)

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

FL 8 (2002–2012) CA 7 (2006–2022) VA 2 (2006–2006)

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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