Blockburger elements test (Florida) · Go Syfert
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Blockburger elements test in Florida

6 Florida opinions name it 2 courts 2006–2021 1 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 (5)

CaseFollowedCited
Blockburger v. United Statesgreen
scotus · 1931 · cited in 3 Florida opinions naming this issue, 2006–2015
2 sentences

2015Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932); see § 775.021(4), Fla. Stat. (2006) (codifying the Blockburger elements test where the Legislature does not clearly provide for separate offenses).

2015Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932); see § 775.021(4), Fla. Stat. (2006) (codifying the Blockburger elements test where the Legislature does not clearly provide for separate offenses).

23
CHRISTOPHER LEON JACOBS v. STATE OF FLORIDAgreen
fladistctapp · 2019 · cited in 1 Florida opinions naming this issue, 2021–2021
1 sentence

2021See Jacobs v. State, 272 So. 3d 838, 840 (Fla. 2d DCA 2019).

11
Khianthalat v. Stategreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019Ed. 306 (1932); see also Pizzo v. State, 945 So. 2d 1203, 1206 (Fla. 2006) (“A defendant is placed in double jeopardy where based upon the same conduct the defendant is convicted of two offenses, each of which does not require proof of a different element.”); § 775.021(4), Fla. Stat. (2018) (codifying the Blockburger elements test where the Legislature does not clearly provide for separate punishments); Khianthalat v. State, 974 So. 2d 359, 361 (Fla. 2008) (“The 2 elements of simple battery are: (1) actually and intentionally touching or striking another person; and (2) against the will of the

11
Washington v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019Ed. 306 (1932); see also Pizzo v. State, 945 So. 2d 1203, 1206 (Fla. 2006) (“A defendant is placed in double jeopardy where based upon the same conduct the defendant is convicted of two offenses, each of which does not require proof of a different element.”); § 775.021(4), Fla. Stat. (2018) (codifying the Blockburger elements test where the Legislature does not clearly provide for separate punishments); Khianthalat v. State, 974 So. 2d 359, 361 (Fla. 2008) (“The 2 elements of simple battery are: (1) actually and intentionally touching or striking another person; and (2) against the will of the

11
Pizzo v. Stategreen
fla · 2006 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019Ed. 306 (1932); see also Pizzo v. State, 945 So. 2d 1203, 1206 (Fla. 2006) (“A defendant is placed in double jeopardy where based upon the same conduct the defendant is convicted of two offenses, each of which does not require proof of a different element.”); § 775.021(4), Fla. Stat. (2018) (codifying the Blockburger elements test where the Legislature does not clearly provide for separate punishments); Khianthalat v. State, 974 So. 2d 359, 361 (Fla. 2008) (“The 2 elements of simple battery are: (1) actually and intentionally touching or striking another person; and (2) against the will of the

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 (2)

CaseCitedYears
State v. Carswell green
fladistctapp · 2005
1 sentence

2019Ed. 306 (1932); see also Pizzo v. State, 945 So. 2d 1203, 1206 (Fla. 2006) (“A defendant is placed in double jeopardy where based upon the same conduct the defendant is convicted of two offenses, each of which does not require proof of a different element.”); § 775.021(4), Fla. Stat. (2018) (codifying the Blockburger elements test where the Legislature does not clearly provide for separate punishments); Khianthalat v. State, 974 So. 2d 359, 361 (Fla. 2008) (“The 2 elements of simple battery are: (1) actually and intentionally touching or striking another person; and (2) against the will of the

12019–2019
United States v. Dixon green
scotus · 1993
2 sentences

2011The Court held, “Applying the Blockburger elements test, the result is clear: These crimes were different offenses, and the subsequent prosecution did not violate the Double Jeopardy Clause.” 509 U.S. at 701-02 , 113 S.Ct. 2849 .

2011The Court held, “Applying the Blockburger elements test, the result is clear: These crimes were different offenses, and the subsequent prosecution did not violate the Double Jeopardy Clause.” 509 U.S. at 701-02 , 113 S.Ct. 2849 .

12011–2011

Statutes the citing opinions construe

FL § 775.021 (6)

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.

Where else courts name it

NM 9 (1992–2018) FL 6 (2006–2021) TX 6 (2009–2021) IA 5 (1994–2021) TN 3 (2007–2016) NV 2 (2017–2017) WI 2 (1992–2001) DC 2 (1995–1997)

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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