Lusk test (Florida) · Go Syfert
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Lusk test in Florida

8 Florida opinions name it 2 courts 1989–2003 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 (6)

CaseFollowedCited
Smith v. Stategreen
fla · 1997 · cited in 3 Florida opinions naming this issue, 2000–2002
2 sentences

2002See Smith v. State, 699 So.2d 629, 635-36 (Fla.1997).

2002See Smith v. State, 699 So.2d 629, 635-36 (Fla.1997).

33
Reed v. Stategreen
fla · 1990 · cited in 2 Florida opinions naming this issue, 1990–1990
2 sentences

1990See Reed v. State, 560 So.2d 203 (Fla.), cert. denied, — U.S. —, 111 S.Ct. 230 , 112 L.Ed.2d 184 (1990).

1990See Reed v. State, 560 So.2d 203 (Fla.), cert. denied, — U.S. —, 111 S.Ct. 230 , 112 L.Ed.2d 184 (1990).

22
Clark v. American Agricultural Chemical Co.green
· 1918 · cited in 2 Florida opinions naming this issue, 1990–1990
2 sentences

1990See Reed v. State, 560 So.2d 203 (Fla.), cert. denied, — U.S. —, 111 S.Ct. 230 , 112 L.Ed.2d 184 (1990).

1990See Reed v. State, 560 So.2d 203 (Fla.), cert. denied, — U.S. —, 111 S.Ct. 230 , 112 L.Ed.2d 184 (1990).

22
Mills v. Stategreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 2000–2000
2 sentences

2000See Smith v. State, 699 So.2d 629, 636 (Fla.1997); Mills v. State, 462 So.2d 1075, 1079 (Fla.1985).

2000See Smith v. State, 699 So.2d 629, 636 (Fla.1997); Mills v. State, 462 So.2d 1075, 1079 (Fla.1985).

11
Lusk v. Stategreen
fla · 1984 · cited in 1 Florida opinions naming this issue, 2000–2000
2 sentences

2000In Lusk v. State, 446 So.2d 1038, 1041 (Fla.1984), the supreme court recognized that the test for determining jury competency is "whether the juror can lay aside any bias or prejudice and render his verdict solely upon the evidence presented and the instructions on the law given to him by the court." Deciding whether a prospective juror meets the Lusk test is within a trial court's discretion, based upon what the court hears and observes.

2000In Lusk v. State, 446 So.2d 1038, 1041 (Fla.1984), the supreme court recognized that the test for determining jury competency is "whether the juror can lay aside any bias or prejudice and render his verdict solely upon the evidence presented and the instructions on the law given to him by the court." Deciding whether a prospective juror meets the Lusk test is within a trial court's discretion, based upon what the court hears and observes.

11
Hitchcock v. Stategreen
fla · 1990 · cited in 1 Florida opinions naming this issue, 1992–1992
2 sentences

1992Hitchcock v. State, 578 So.2d 685, 688 (Fla. 1990), cert. denied, ___ U.S. ___, 112 S.Ct. 311 , 116 L.Ed.2d 254 (1991).

1992Hitchcock v. State, 578 So.2d 685, 688 (Fla. 1990), cert. denied, ___ U.S. ___, 112 S.Ct. 311 , 116 L.Ed.2d 254 (1991).

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 (6)

CaseCitedYears
Pentecost v. State green
fla · 1989
2 sentences

1992Deciding whether a prospective juror meets the Lusk test is within a trial court's discretion, Pentecost v. State, 545 So.2d 861 (Fla. 1989), based upon what the court hears and observes.

1992Deciding whether a prospective juror meets the Lusk test is within a trial court's discretion, Pentecost v. State, 545 So.2d 861 (Fla. 1989), based upon what the court hears and observes.

31990–1992
Henry v. State green
fladistctapp · 2000
2 sentences

2003Henry, 756 So.2d at 172 .

2003Henry, 756 So.2d at 172 .

12003–2003
Boushey v. Texas green
scotus · 1991
2 sentences

1992Hitchcock v. State, 578 So.2d 685, 688 (Fla. 1990), cert. denied, ___ U.S. ___, 112 S.Ct. 311 , 116 L.Ed.2d 254 (1991).

1992Hitchcock v. State, 578 So.2d 685, 688 (Fla. 1990), cert. denied, ___ U.S. ___, 112 S.Ct. 311 , 116 L.Ed.2d 254 (1991).

11992–1992
Pineda-Velasquez v. United States green
scotus · 1991
2 sentences

1992Hitchcock v. State, 578 So.2d 685, 688 (Fla. 1990), cert. denied, ___ U.S. ___, 112 S.Ct. 311 , 116 L.Ed.2d 254 (1991).

1992Hitchcock v. State, 578 So.2d 685, 688 (Fla. 1990), cert. denied, ___ U.S. ___, 112 S.Ct. 311 , 116 L.Ed.2d 254 (1991).

11992–1992
Hill v. State green
fla · 1985
2 sentences

1989In Hill v. State, 477 So.2d 553 (Fla.1985), the Supreme Court held that, in applying the Lusk test, trial courts must utilize the rule laid down in Singer v. State, 109 So.2d 7 (Fla.1959): If there is a basis for any reasonable doubt as to any jurors possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at the trial, he should be ex cused on motion of a party, or by the court on it’s own motion.

1989In Hill v. State, 477 So.2d 553 (Fla.1985), the Supreme Court held that, in applying the Lusk test, trial courts must utilize the rule laid down in Singer v. State, 109 So.2d 7 (Fla.1959): If there is a basis for any reasonable doubt as to any jurors possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at the trial, he should be ex cused on motion of a party, or by the court on it’s own motion.

11989–1989
Singer v. State green
fla · 1959
2 sentences

1989In Hill v. State, 477 So.2d 553 (Fla.1985), the Supreme Court held that, in applying the Lusk test, trial courts must utilize the rule laid down in Singer v. State, 109 So.2d 7 (Fla.1959): If there is a basis for any reasonable doubt as to any jurors possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at the trial, he should be ex cused on motion of a party, or by the court on it’s own motion.

1989In Hill v. State, 477 So.2d 553 (Fla.1985), the Supreme Court held that, in applying the Lusk test, trial courts must utilize the rule laid down in Singer v. State, 109 So.2d 7 (Fla.1959): If there is a basis for any reasonable doubt as to any jurors possessing that state of mind which will enable him to render an impartial verdict based solely on the evidence submitted and the law announced at the trial, he should be ex cused on motion of a party, or by the court on it’s own motion.

11989–1989

Where else courts name it

FL 8 (1989–2003) WV 2 (2019–2019) OH 2 (2019–2022)

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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