8 Florida opinions name it 2 courts 1996–2019 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.
| Case | Followed | Cited |
|---|---|---|
Robert Joe Long v. State of Floridagreen2 sentences2019We recently rejected a nearly identical claim in Long v. State, 271 So. 3d 938, 946-47 (Fla.), cert. denied, 139 S. Ct. 2635 (2019). 2019As we recognized in Long, “[t]he DOC is entitled to a presumption that it will properly perform its duties while carrying out an execution . . . [and] our ‘role is not to micromanage the executive branch in fulfilling its own duties relating to executions.’ ” Long, 271 So. 3d at 946 (alterations in original) (quoting Hannon, 228 So. 3d at 509 ); see also art. | 1 | 1 |
Dean v. Rutherford Mulhall, P.A.green1 sentence2015We considered a nearly identical claim in Dean v. Rutherford Mulhall, P.A., 16 So.3d 284, 286 (Fla. 4th DCA 2009). | 1 | 1 |
Morrison v. Stategreen1 sentence2015We addressed a nearly identical claim in Morrison v. State, 818 So.2d 432, 444 (Fla.2002). | 1 | 1 |
Hale v. Stategreen1 sentence2003Lee did not object to these instructions, and they were similar to the instructions that were given and approved in Westerheide . [4] See 831 So.2d at 107-09 ; see also Hale v. State, 834 So.2d 254, 255 (Fla. 2d DCA 2002) (relying on Westerheide to conclude that a nearly identical instruction was sufficient). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Patrick C. Hannon v. State of Florida and
green
1 sentence2019As we recognized in Long, “[t]he DOC is entitled to a presumption that it will properly perform its duties while carrying out an execution . . . [and] our ‘role is not to micromanage the executive branch in fulfilling its own duties relating to executions.’ ” Long, 271 So. 3d at 946 (alterations in original) (quoting Hannon, 228 So. 3d at 509 ); see also art. | 1 | 2019–2019 |
Householder v. Ohio A. Philip Randolph Inst.
neutral
1 sentence2019We recently rejected a nearly identical claim in Long v. State, 271 So. 3d 938, 946-47 (Fla.), cert. denied, 139 S. Ct. 2635 (2019). | 1 | 2019–2019 |
Blackshear v. State
green
1 sentence2008In Blackshear, 771 So.2d at 1199 , the Fourth District considered a nearly identical challenge to the Eighth Amendment by an appellant who had been a juvenile upon the commission of his underlying offense, who subsequently violated his probation through the commission of several robberies, and was resentenced for the original offense at the age of twenty. | 1 | 2008–2008 |
Knight v. State
green
1 sentence2007In Knight , this Court rejected a nearly identical claim that the PRR statute only imposes a thirty-year maximum sentence for robbery with a firearm since it is a "felony *613 of the first degree" rather than a "felony punishable by life." We affirmed Knight's life sentence under the PRR statute for armed robbery, holding that "the phrase `felonies punishable by life,' used in [the PRR statute], provides for a mandatory life sentence for prison releasee reoffenders who commit either life felonies or first-degree felonies punishable by life." 808 So.2d at 213-14 . [7] Pursuant to section 812.13 | 1 | 2007–2007 |
Lowenfield v. Phelps
green
2 sentences2004Moreover, as stated in Bertolotti , the United States Supreme Court rejected a nearly identical claim in Lowenfield v. Phelps, 484 U.S. 231 , 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988). 2004Moreover, as stated in Bertolotti , the United States Supreme Court rejected a nearly identical claim in Lowenfield v. Phelps, 484 U.S. 231 , 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988). | 1 | 2004–2004 |
Westerheide v. State
green
1 sentence2003Lee did not object to these instructions, and they were similar to the instructions that were given and approved in Westerheide . [4] See 831 So.2d at 107-09 ; see also Hale v. State, 834 So.2d 254, 255 (Fla. 2d DCA 2002) (relying on Westerheide to conclude that a nearly identical instruction was sufficient). | 1 | 2003–2003 |
State v. Wilson
green
1 sentence1996V, § 3(b)(4), Fla. Const. We quash Variance, based on State v. Wilson, 686 So.2d 569 (Fla.1996), wherein we held that the giving of a nearly identical instruction did not constitute fundamental error and required a contemporaneous objection to be preserved for review. | 1 | 1996–1996 |
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.
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.