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 1983–2024 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.
| Case | Followed | Cited |
|---|---|---|
BROWARD CTY. SCH. BD. v. Josephgreen1 sentence2024Bd. v. Joseph, 756 So. 2d 1077, 1078 (Fla. 4th DCA 2000) (explaining that failure to provide notice as required in section 768.28(6) was fatal to Joseph’s claim because statutory time for notice had passed and he could never satisfy conditions precedent to filing suit against School Board). | 1 | 1 |
Rodney Tyrone Lowe v. State of Floridagreen1 sentence2022See Lowe v. State, 259 So. 3d 23, 52 (Fla. 2018) (“[I]n the absence of evidence to the contrary, [this Court] presume[s] that jurors follow the trial court’s instructions.”). - 52 - Accordingly, because this claim is unsupported by the evidence, we deny relief on this claim. | 1 | 1 |
State v. DiGuiliogreen1 sentence2022See State v. DiGuilio, 491 So. 2d 1129, 1135 (Fla. 1986). | 1 | 1 |
Card v. Stategreen1 sentence2022See, e.g., Card v. State, 803 So. 2d 613, 621-22 (Fla. 2001) (holding that the trial court did not abuse its discretion in refusing to grant a mistrial for the prosecutor’s comments, where the trial court sustained the objection and gave curative instructions). | 1 | 1 |
Freeman v. Stategreen1 sentence2017Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So.2d 726 (Fla. 1996))); see also Joseph v. State, 214 So.3d 741, 742 (Fla. 5th DCA 2017) (reversing summary denial where trial court did not attach records conclusively refuting Joseph’s claim that his attorney affirmatively misadvised him not to t | 1 | 1 |
Drinel Joseph v. Stategreen1 sentence2017Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So.2d 726 (Fla. 1996))); see also Joseph v. State, 214 So.3d 741, 742 (Fla. 5th DCA 2017) (reversing summary denial where trial court did not attach records conclusively refuting Joseph’s claim that his attorney affirmatively misadvised him not to t | 1 | 1 |
Bloye v. Stategreen1 sentence2011See Bloye v. State, 28 So.3d 137, 139 (Fla. 2d DCA 2010) (holding that after the expiration of the two-year time limit, and having offered the defendant the opportunity to file an amended motion pursuant to Spera, the trial court had the authority to enter a final order on the merits when no amended motion was received). | 1 | 1 |
Wilson v. Stategreen1 sentence1983Similar fact evidence may be used to establish identity and absence of mistake, Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959); Florida Evidence Code, section 90.404(2) Florida Statutes (1979), as long as there exists " such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which there are individual manifestations. " 2 Wigmore, Evidence § 304 (Chadbourn rev. 1979) (emphasis in original); see also Wilson v. State, 330 So.2d 457 (Fla. 1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miranda v. Arizona
green
1 sentence2018So I don’t really want to use the 1 Miranda v. Arizona, 384 U.S. 436 (1966). -2- word smart, but I don’t think it will be something for me to be, you know, maybe discussing certain things until maybe I get a lawyer. | 1 | 2018–2018 |
Joseph v. University Behavioral LLC
green
1 sentence2018In determining that Joseph’s claim was one for negligence rather than for medical malpractice, the court concluded that no “psychiatric treatment decisions resulted in [Joseph’s] exposure to the injury he suffered.” Id. at 919-20 . | 1 | 2018–2018 |
Maharaj v. State
green
1 sentence2017Freeman v. State, 761 So.2d 1055, 1061 (Fla. 2000) (“[A] defendant is entitled to an evidentiary hearing on a postconviction relief motion unless (1) the motion, files, and records in the case conclusively show that the prisoner is entitled to no relief, or (2) the motion or a particular claim is legally insufficient.” (citing Maharaj v. State, 684 So.2d 726 (Fla. 1996))); see also Joseph v. State, 214 So.3d 741, 742 (Fla. 5th DCA 2017) (reversing summary denial where trial court did not attach records conclusively refuting Joseph’s claim that his attorney affirmatively misadvised him not to t | 1 | 2017–2017 |
Peart v. State
green
1 sentence2001We agree that it is facially sufficient, see Peart v. State, 756 So.2d 42 (Fla.2000), but cannot agree with the trial court's conclusion that it is refuted by the record. | 1 | 2001–2001 |
Williams v. State
green
1 sentence1983Similar fact evidence may be used to establish identity and absence of mistake, Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959); Florida Evidence Code, section 90.404(2) Florida Statutes (1979), as long as there exists " such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which there are individual manifestations. " 2 Wigmore, Evidence § 304 (Chadbourn rev. 1979) (emphasis in original); see also Wilson v. State, 330 So.2d 457 (Fla. 1976). | 1 | 1983–1983 |
White v. Illinois
green
1 sentence1983Similar fact evidence may be used to establish identity and absence of mistake, Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959); Florida Evidence Code, section 90.404(2) Florida Statutes (1979), as long as there exists " such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which there are individual manifestations. " 2 Wigmore, Evidence § 304 (Chadbourn rev. 1979) (emphasis in original); see also Wilson v. State, 330 So.2d 457 (Fla. 1976). | 1 | 1983–1983 |
Vivona v. Conboy
green
1 sentence1983Similar fact evidence may be used to establish identity and absence of mistake, Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959); Florida Evidence Code, section 90.404(2) Florida Statutes (1979), as long as there exists " such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which there are individual manifestations. " 2 Wigmore, Evidence § 304 (Chadbourn rev. 1979) (emphasis in original); see also Wilson v. State, 330 So.2d 457 (Fla. 1976). | 1 | 1983–1983 |
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.