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8 Florida opinions name it 2 courts 1969–2013 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 |
|---|---|---|
Carpenter v. Stategreen2 sentences2006As such, the jury was instructed that before it could find the defendant guilty, the State was required to prove beyond a reasonable doubt that the defendant operated the aircraft, and the trial court also instructed the jury as to the definition of "operate" with respect to an aircraft. "[A] trial court has wide discretion in instructing the jury, and the court's decision regarding the charge to the jury is reviewed with a presumption of correctness on appeal," Carpenter v. State, 785 So.2d 1182, 1199-1200 (Fla.2001), which will not be disturbed on appeal "unless palpable abuse of this discre 2006As such, the jury was instructed that before it could find the defendant guilty, the State was required to prove beyond a reasonable doubt that the defendant operated the aircraft, and the trial court also instructed the jury as to the definition of "operate" with respect to an aircraft. "[A] trial court has wide discretion in instructing the jury, and the court's decision regarding the charge to the jury is reviewed with a presumption of correctness on appeal," Carpenter v. State, 785 So.2d 1182, 1199-1200 (Fla.2001), which will not be disturbed on appeal "unless palpable abuse of this discre | 2 | 2 |
Bryant v. Stategreen2 sentences2006While the trial court must instruct the jury on the applicable law regarding a defense whenever there is evidence introduced at trial which supports that theory of defense, Hamilton v. State, 703 So.2d 1038, 1042 (Fla.1997); Bryant v. State, 412 So.2d 347, 350 (Fla. 1982), operability in this case is an element of the crime charged. 2006While the trial court must instruct the jury on the applicable law regarding a defense whenever there is evidence introduced at trial which supports that theory of defense, Hamilton v. State, 703 So.2d 1038, 1042 (Fla.1997); Bryant v. State, 412 So.2d 347, 350 (Fla.1982), operability in this case is an element of the crime charged. | 2 | 2 |
Hamilton v. Stategreen2 sentences2006While the trial court must instruct the jury on the applicable law regarding a defense whenever there is evidence introduced at trial which supports that theory of defense, Hamilton v. State, 703 So.2d 1038, 1042 (Fla.1997); Bryant v. State, 412 So.2d 347, 350 (Fla. 1982), operability in this case is an element of the crime charged. 2006While the trial court must instruct the jury on the applicable law regarding a defense whenever there is evidence introduced at trial which supports that theory of defense, Hamilton v. State, 703 So.2d 1038, 1042 (Fla.1997); Bryant v. State, 412 So.2d 347, 350 (Fla.1982), operability in this case is an element of the crime charged. | 2 | 2 |
Williams v. Stategreen2 sentences2006As such, the jury was instructed that before it could find the defendant guilty, the State was required to prove beyond a reasonable doubt that the defendant operated the aircraft, and the trial court also instructed the jury as to the definition of "operate" with respect to an aircraft. "[A] trial court has wide discretion in instructing the jury, and the court's decision regarding the charge to the jury is reviewed with a presumption of correctness on appeal," Carpenter v. State, 785 So.2d 1182, 1199-1200 (Fla.2001), which will not be disturbed on appeal "unless palpable abuse of this discre 2006As such, the jury was instructed that before it could find the defendant guilty, the State was required to prove beyond a reasonable doubt that the defendant operated the aircraft, and the trial court also instructed the jury as to the definition of "operate" with respect to an aircraft. "[A] trial court has wide discretion in instructing the jury, and the court's decision regarding the charge to the jury is reviewed with a presumption of correctness on appeal," Carpenter v. State, 785 So.2d 1182, 1199-1200 (Fla.2001), which will not be disturbed on appeal "unless palpable abuse of this discre | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Indiana v. Edwards
green
2 sentences2013Indiana v. Edwards held that the United States Constitution does not prohibit states from insisting upon representation by counsel for defendants who are competent enough to stand trial but who suffer from severe mental illness to the point that they are not competent to conduct trial proceedings themselves. 554 U.S. at 178 , 128 S.Ct. 2379 . 2013Indiana v. Edwards held that the United States Constitution does not prohibit states from insisting upon representation by counsel for defendants who are competent enough to stand trial but who suffer from severe mental illness to the point that they are not competent to conduct trial proceedings themselves. 554 U.S. at 178 , 128 S.Ct. 2379 . | 1 | 2013–2013 |
Johnson v. State
green
1 sentence1991Id. at 420 . | 1 | 1991–1991 |
Warner v. Florida Jai Alai, Inc.
green
1 sentence1980The applicable law regarding the standard of care required of owners of places open for public entertainment is stated succinctly in Warner v. Florida Jai Alai, Inc., 221 So.2d 777 (Fla. 4th DCA 1969), cert. discharged, 235 So.2d 294 (Fla. 1970): The operator of a place of public entertainment owes his invitees the duty to use due care to maintain his premises in a reasonably safe condition commensurate with the activities conducted thereon. | 1 | 1980–1980 |
Warner v. Florida Jai Alai, Inc.
neutral
1 sentence1980The applicable law regarding the standard of care required of owners of places open for public entertainment is stated succinctly in Warner v. Florida Jai Alai, Inc., 221 So.2d 777 (Fla. 4th DCA 1969), cert. discharged, 235 So.2d 294 (Fla. 1970): The operator of a place of public entertainment owes his invitees the duty to use due care to maintain his premises in a reasonably safe condition commensurate with the activities conducted thereon. | 1 | 1980–1980 |
Davis v. State
green
1 sentence1976In Davis v. State, Sup.Ct.Fla. 1956, 90 So.2d 629 , a murder case, the late Justice Thornal succinctly stated the law regarding presumption of innocence and circumstantial evidence as follows: "At the same time we must not lose sight of the basic proposition that one accused of a crime is presumed innocent until proved guilty beyond and to the exclusion of a reasonable doubt. | 1 | 1976–1976 |
Southern Bell Telephone & Telegraph Co. v. Bell
green
1 sentence1970The judge’s order considers the variables set out by this Court in Southern Bell Telephone and Telegraph Company v. Bell, 116 So.2d 617 (Fla.1959) and finds that claimant’s relatively small physical impairment coupled with his low I.Q., illiteracy, lack of training and neurotic reaction, have reduced his wage earning capacity, in any type of work, by 42%. | 1 | 1970–1970 |
Kowalski v. Wojtkowski
green
2 sentences1969Mr. Justice Brennan’s sound dissenting opinion in Kowalski v. Wojtowski, 19 N.J. 247 , 116 A.2d 6 , 53 A.L.R.2d 556 , contains a useful historical summary of the law regarding the presumption. 1969Mr. Justice Brennan’s sound dissenting opinion in Kowalski v. Wojtowski, 19 N.J. 247 , 116 A.2d 6 , 53 A.L.R.2d 556 , contains a useful historical summary of the law regarding the presumption. | 1 | 1969–1969 |
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.