identification violation in Florida

8 Florida opinions name it 2 courts 1978–2019 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 (8)

Case	Followed	Cited
Davis v. Stategreen fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2019–2019 1 sentence 2019However, that section applies to situations in which "the declarant was an eyewitness or a victim who identified the alleged perpetrator soon after the crime or soon after coming into contact with him or her." Jenkins v. State, 107 So. 3d 555, 556 (Fla. 1st DCA 2013) (quoting Davis v. State, 52 So. 3d 52, 54 (Fla. 1st DCA 2010)).	1	1
Jenkins v. Stategreen fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2019–2019 1 sentence 2019However, that section applies to situations in which "the declarant was an eyewitness or a victim who identified the alleged perpetrator soon after the crime or soon after coming into contact with him or her." Jenkins v. State, 107 So. 3d 555, 556 (Fla. 1st DCA 2013) (quoting Davis v. State, 52 So. 3d 52, 54 (Fla. 1st DCA 2010)).	1	1
State v. DiGuiliogreen fla · 1986 · cited in 1 Florida opinions naming this issue, 2017–2017 2 sentences 2017See Geissler v. State, 90 So.3d 941, 948 (Fla. 2d DCA 2012) (observing that State bears burden of establishing harmlessness beyond reasonable doubt (citing State v. DiGuilio, 491 So.2d 1129, 1138 (Fla. 1986))). 2017See Geissler v. State, 90 So. 3d 941, 948 (Fla. 2d DCA 2012) (observing that State bears burden of establishing harmlessness beyond reasonable doubt (citing State v. DiGuilio, 491 So. 2d 1129, 1138 (Fla. 1986))).	1	1
Geissler v. Stategreen fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2017–2017 2 sentences 2017See Geissler v. State, 90 So.3d 941, 948 (Fla. 2d DCA 2012) (observing that State bears burden of establishing harmlessness beyond reasonable doubt (citing State v. DiGuilio, 491 So.2d 1129, 1138 (Fla. 1986))). 2017See Geissler v. State, 90 So. 3d 941, 948 (Fla. 2d DCA 2012) (observing that State bears burden of establishing harmlessness beyond reasonable doubt (citing State v. DiGuilio, 491 So. 2d 1129, 1138 (Fla. 1986))).	1	1
Martin v. Abbott Laboratoriesgreen wash · 1984 · cited in 1 Florida opinions naming this issue, 1990–1990 2 sentences 1990The district court urges this Court to adopt, with some alterations, the "market-share alternate liability" theory adopted by the Washington Supreme Court in Martin v. Abbott Laboratories, 102 Wash.2d 581, 602 , 689 P.2d 368, 381 (1984). 477 So.2d at 605-06 . 1990The district court urges this Court to adopt, with some alterations, the "market-share alternate liability" theory adopted by the Washington Supreme Court in Martin v. Abbott Laboratories, 102 Wash.2d 581, 602 , 689 P.2d 368, 381 (1984). 477 So.2d at 605-06 .	1	1
Growe v. Stategreen texapp · 1984 · cited in 1 Florida opinions naming this issue, 1986–1986 1 sentence 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas	1	1
Stovall v. Dennogreen scotus · 1967 · cited in 1 Florida opinions naming this issue, 1986–1986 2 sentences 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas	1	1
Norman Salley v. United Statesgreen cadc · 1965 · cited in 1 Florida opinions naming this issue, 1978–1978 2 sentences 1978As the District of Columbia Circuit stated in Salley v. United States, 122 U.S.App.D.C. 359, 361 , 353 F.2d 897, 899 (1965): It is the obligation of the trial judge "to instruct the jury that if there was a reasonable doubt as to the identification of the defendant as the person who [committed the crime], then the jury should acquit." 118 Some of the federal courts have devised lengthy instructions on the issue of identity. 1978As the District of Columbia Circuit stated in Salley v. United States, 122 U.S.App.D.C. 359, 361 , 353 F.2d 897, 899 (1965): It is the obligation of the trial judge "to instruct the jury that if there was a reasonable doubt as to the identification of the defendant as the person who [committed the crime], then the jury should acquit." 118 Some of the federal courts have devised lengthy instructions on the issue of identity.	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
McIntyre v. Ohio Elections Commission green scotus · 1995 2 sentences 1998We hold that section 106.143(1)(b) is inapplicable to the personal pamphleteering of "individuals acting independently and using only their own modest resources." 514 U.S. at 351 , 115 S.Ct. at 1521 . 1998We hold that section 106.143(1)(b) is inapplicable to the personal pamphleteering of "individuals acting independently and using only their own modest resources." 514 U.S. at 351 , 115 S.Ct. at 1521 .	1	1998–1998
Conley v. Boyle Drug Co. green fla · 1990 1 sentence 1996Under the market-share alternate theory, a DES plaintiff who was unable to meet the traditional identification requirement could commence suit against one or more defendants, alleging that: she had made a reasonable attempt to identify the manufacturer responsible for her injury; her mother took DES while pregnant with her; DES caused her injuries; the defendant produced or marketed the type of DES taken by the mother; and the defendant or defendants acted negligently in producing or marketing the DES. 570 So.2d at 286 .	1	1996–1996
Conley v. Boyle Drug Co. green fladistctapp · 1985 2 sentences 1990Recognizing that "traditional theories of tort law are inadequate to redress the appellant's injuries," id. at 602 , the district court suggests that the identification requirement be relaxed in a situation such as that before us. 1990The district court urges this Court to adopt, with some alterations, the "market-share alternate liability" theory adopted by the Washington Supreme Court in Martin v. Abbott Laboratories, 102 Wash.2d 581, 602 , 689 P.2d 368, 381 (1984). 477 So.2d at 605-06 .	1	1990–1990
Winter v. Peterson green neb · 1981 2 sentences 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J. 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J.	1	1986–1986
Fuller v. State, Department of Transportation green iowa · 1979 1 sentence 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas	1	1986–1986
State v. Quaid green njsuperctappdiv · 1980 1 sentence 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J.	1	1986–1986
McGue v. Sillas green calctapp · 1978 2 sentences 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J. 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J.	1	1986–1986
Gooch v. Spradling green moctapp · 1975 1 sentence 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas	1	1986–1986
Hill v. State green alacrimapp · 1978 1 sentence 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas	1	1986–1986
Hill v. State green ala · 1979 1 sentence 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J.	1	1986–1986
Hunter v. Dorius green utah · 1969 2 sentences 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas	1	1986–1986
Raymond Palmer v. C. C. Peyton, Superintendent of the Virginia State Penitentiary green ca4 · 1966 1 sentence 1986Stovall v. Denno, 388 U.S. 293, 301-02 , 87 S.Ct. 1967, 1972 , 18 L.Ed.2d 1199, 1206 (1967) (the due process claim "is a recognized ground of attack upon a conviction independent of any right to counsel claim" ) (emphasis added); Palmer v. Peyton, 359 F.2d 199 , 202 n. 11 (4th Cir.1966) (it was not necessary for the court to consider possible effect of the fact defendant was without counsel at a lineup since the court concluded "that the entire atmosphere surrounding the identification was a violation of due process"); Growe v. State, 675 S.W.2d 564, 566 (Tex. App. 1984). [5] The following cas	1	1986–1986
Hardison v. Chastain green gactapp · 1979 2 sentences 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J. 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J.	1	1986–1986
State v. Jones green me · 1983 1 sentence 1986App. 1978), aff'd, 366 So.2d 318 (Ala. 1979); McGue v. Sillas, 147 Cal. Rptr. 354 , 82 Cal. App.3d 799 (1978); Hardison v. Chastain, 151 Ga. App. 678 , 261 S.E.2d 425 (1979); State v. Jones, 457 A.2d 1116 (Me. 1983); Winter v. Peterson, 208 Neb. 785 , 305 N.W.2d 803 (1981); State v. Quaid, 172 N.J.	1	1986–1986
C. A. Hardy v. Johns-Manville Sales Corporation green ca5 · 1982 1 sentence 1985In Hardy v. Johns-Manville Sales, 509 F. Supp. 1353 (E.D.Texas 1981), rev. on other grounds, 681 F.2d 334 (5th Cir.1982), the court accepted the market share theory of liability, in an asbestos case, on a preliminary basis in order to allow discovery.	1	1985–1985
Hardy v. Johns-Manville Sales Corp. green txed · 1981 1 sentence 1985In Hardy v. Johns-Manville Sales, 509 F. Supp. 1353 (E.D.Texas 1981), rev. on other grounds, 681 F.2d 334 (5th Cir.1982), the court accepted the market share theory of liability, in an asbestos case, on a preliminary basis in order to allow discovery.	1	1985–1985

Where else courts name it

NY 44 (1909–2018) MA 32 (1975–2023) NJ 29 (1977–2026) IL 26 (1970–2025) DC 26 (1975–2015) CA 22 (1968–2025) MS 15 (1988–2020) TX 12 (1981–2025) MD 11 (1982–2020) LA 10 (1968–2010) OH 10 (1905–2008) TN 10 (1994–2019) PA 9 (1968–2025) MO 9 (1981–2015) FL 8 (1978–2019) AZ 8 (1970–2026) SC 6 (1992–2013) WA 6 (1952–2021) VA 6 (1975–2026) CT 6 (1983–2018) WV 5 (1980–1987) DE 5 (2016–2023) ID 5 (1989–2020) WI 4 (1979–1996) MN 4 (2013–2015) HI 4 (1971–2014) IN 4 (1922–2025) MI 4 (1933–2020) GA 4 (1975–1994) NC 4 (1980–2021) WY 4 (1971–2025) OR 4 (1977–2009) AK 3 (1980–2006) UT 2 (1981–2001) KY 2 (2005–2010) SD 2 (1992–2025) ND 2 (1973–2021)

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.

← Caselaw search · G Cite Topics · Brief Check