6 Florida opinions name it 2 courts 1953–2002 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 |
|---|---|---|
Davis v. Stategreen1 sentence2002See, e.g., Davis v. State, 703 So.2d 1055, 1061 (Fla.1998) ("We have held that it is not error for a judge to consider and find an aggravator that was not presented to or found by the jury."); Sims v. State, 681 So.2d 1112, 1119 (Fla.1996) (finding "that the court did not commit error by finding an aggravating circumstance which was not alleged by the state and for which the jury received no instruction"). | 1 | 1 |
Sims v. Stategreen1 sentence2002See, e.g., Davis v. State, 703 So.2d 1055, 1061 (Fla.1998) ("We have held that it is not error for a judge to consider and find an aggravator that was not presented to or found by the jury."); Sims v. State, 681 So.2d 1112, 1119 (Fla.1996) (finding "that the court did not commit error by finding an aggravating circumstance which was not alleged by the state and for which the jury received no instruction"). | 1 | 1 |
Engle v. Stategreen1 sentence2002Our reliance upon the trial judge's exclusive authority to make findings of fact as to aggravation is exemplified by our holding in Engle v. State, 438 So.2d 803, 813 (Fla.1983). | 1 | 1 |
Martin v. Stategreen1 sentence1996A battery instruction is improper in a homicide case. "[W]here a homicide has taken place, the proper jury instructions are restricted to all degrees of murder, manslaughter, and justifiable and excusable homicide." Martin v. State, 342 So.2d 501, 503 (Fla.1977) ("Whether an aggravated assault occurred as part of a crime that culminated in the death of the victim is patently immaterial."). | 1 | 1 |
Gilford v. Stategreen1 sentence1976On authority of Brown v. State, Fla. 1963, 206 So.2d 377 , and Gilford v. State, Fla.1975, 313 So.2d 729 , we hold the trial did not commit error by failing to charge the jury on temporary use of a motor vehicle “without the authority of the owner or his representative” (§ 812.041) as being a lesser included offense of the charged offense of possession of a stolen automobile. | 1 | 1 |
Diaz v. Stategreen1 sentence1953See Diaz v. State, Fla., 43 So.2d 13 ; Brown v. State, Fla., 46 So.2d 479 ; and Italiano v. State, 141 Fla. 249 , 193 So. 48 ." During the progress of the trial, one of the officers, who was a witness for the State, was testifying and the prosecuting attorney asked the witness several questions concerning statements made by the appellant to him (the officer). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Abreau
green
1 sentence1979On authority of State v. Abreau, 363 So.2d 1063 (Fla. 1978), we hold the court did not commit error by refusing to include in the jury charges on lesser included offenses, the offense of assault with intent to commit robbery. | 1 | 1979–1979 |
State v. Bryan
green
1 sentence1976State v. Bryan, Fla. 1974, 290 So.2d 482, 484 . *112 After the verdict of guilty was returned, the defendant requested that the jurors be examined with reference to a remark said to have been overheard earlier in the case, attributed to an alternate juror, whereby the alternate had offered to pay one of the jurors to let him take the juror's place, indicating he was in favor of conviction. | 1 | 1976–1976 |
Brown v. State
green
1 sentence1976On authority of Brown v. State, Fla. 1963, 206 So.2d 377 , and Gilford v. State, Fla.1975, 313 So.2d 729 , we hold the trial did not commit error by failing to charge the jury on temporary use of a motor vehicle “without the authority of the owner or his representative” (§ 812.041) as being a lesser included offense of the charged offense of possession of a stolen automobile. | 1 | 1976–1976 |
Italiano v. State
green
2 sentences1953See Diaz v. State, Fla., 43 So.2d 13 ; Brown v. State, Fla., 46 So.2d 479 ; and Italiano v. State, 141 Fla. 249 , 193 So. 48 ." During the progress of the trial, one of the officers, who was a witness for the State, was testifying and the prosecuting attorney asked the witness several questions concerning statements made by the appellant to him (the officer). 1953See Diaz v. State, Fla., 43 So.2d 13 ; Brown v. State, Fla., 46 So.2d 479 ; and Italiano v. State, 141 Fla. 249 , 193 So. 48 ." During the progress of the trial, one of the officers, who was a witness for the State, was testifying and the prosecuting attorney asked the witness several questions concerning statements made by the appellant to him (the officer). | 1 | 1953–1953 |
Brown v. State
green
1 sentence1953See Diaz v. State, Fla., 43 So.2d 13 ; Brown v. State, Fla., 46 So.2d 479 ; and Italiano v. State, 141 Fla. 249 , 193 So. 48 ." During the progress of the trial, one of the officers, who was a witness for the State, was testifying and the prosecuting attorney asked the witness several questions concerning statements made by the appellant to him (the officer). | 1 | 1953–1953 |
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.