domestic dispute exception (Florida) · Go Syfert
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domestic dispute exception in Florida

6 Florida opinions name it 1 courts 2009–2014 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 (3)

CaseFollowedCited
Lynch v. Stategreen
fla · 2003 · cited in 5 Florida opinions naming this issue, 2009–2013
2 sentences

2013See Lynch, 841 So.2d at 377 (“This Court does not recognize a domestic dispute exception in connection with death penalty analysis.”).

2011In addition, in later cases, we have specifically declined to recognize a “domestic dispute exception.” See Turner v. State, 37 So.3d 212, 224 (Fla.) (“[T]his Court made it clear in Lynch [v. State, 841 So.2d 362, 377 (Fla.2003) ] that it ‘does not recognize a domestic dispute exception in connection with death penalty analysis.’ ”), cert. denied, — U.S. -, 131 S.Ct. 426 , 178 L.Ed.2d 332 (2010); Carter v. State, 980 So.2d 473, 485 (Fla.2008) (“Domestic situations are evaluated in the same manner as other cases.”).

45
Turner v. Stategreen
fla · 2010 · cited in 3 Florida opinions naming this issue, 2010–2014
2 sentences

2011In addition, in later cases, we have specifically declined to recognize a “domestic dispute exception.” See Turner v. State, 37 So.3d 212, 224 (Fla.) (“[T]his Court made it clear in Lynch [v. State, 841 So.2d 362, 377 (Fla.2003) ] that it ‘does not recognize a domestic dispute exception in connection with death penalty analysis.’ ”), cert. denied, — U.S. -, 131 S.Ct. 426 , 178 L.Ed.2d 332 (2010); Carter v. State, 980 So.2d 473, 485 (Fla.2008) (“Domestic situations are evaluated in the same manner as other cases.”).

2010As this Court recently stated in Turner v. State, 37 So.3d 212, 224 (Fla.2010), cert. denied, — U.S. -, 131 S.Ct. 426 , 178 L.Ed.2d 332 (2010): Twelve years after the Santos decision, this Court made it clear in Lynch [v. State, 841 So.2d 362, 377 (Fla.2003) ] that it “does not recognize a domestic dispute exception in connection with death penalty analysis.” Therefore, even if [a] murder did, in fact, “arise from a domestic disturbance,” such a defense would not preclude a finding of CCP.

33
Carter v. Stategreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011In addition, in later cases, we have specifically declined to recognize a “domestic dispute exception.” See Turner v. State, 37 So.3d 212, 224 (Fla.) (“[T]his Court made it clear in Lynch [v. State, 841 So.2d 362, 377 (Fla.2003) ] that it ‘does not recognize a domestic dispute exception in connection with death penalty analysis.’ ”), cert. denied, — U.S. -, 131 S.Ct. 426 , 178 L.Ed.2d 332 (2010); Carter v. State, 980 So.2d 473, 485 (Fla.2008) (“Domestic situations are evaluated in the same manner as other cases.”).

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 (3)

CaseCitedYears
Moss v. Arkansas green
scotus · 2010
2 sentences

2011In addition, in later cases, we have specifically declined to recognize a “domestic dispute exception.” See Turner v. State, 37 So.3d 212, 224 (Fla.) (“[T]his Court made it clear in Lynch [v. State, 841 So.2d 362, 377 (Fla.2003) ] that it ‘does not recognize a domestic dispute exception in connection with death penalty analysis.’ ”), cert. denied, — U.S. -, 131 S.Ct. 426 , 178 L.Ed.2d 332 (2010); Carter v. State, 980 So.2d 473, 485 (Fla.2008) (“Domestic situations are evaluated in the same manner as other cases.”).

2010As this Court recently stated in Turner v. State, 37 So.3d 212, 224 (Fla.2010), cert. denied, — U.S. -, 131 S.Ct. 426 , 178 L.Ed.2d 332 (2010): Twelve years after the Santos decision, this Court made it clear in Lynch [v. State, 841 So.2d 362, 377 (Fla.2003) ] that it “does not recognize a domestic dispute exception in connection with death penalty analysis.” Therefore, even if [a] murder did, in fact, “arise from a domestic disturbance,” such a defense would not preclude a finding of CCP.

22010–2011
Dillard v. South Carolina green
scotus · 2010
2 sentences

2011In addition, in later cases, we have specifically declined to recognize a “domestic dispute exception.” See Turner v. State, 37 So.3d 212, 224 (Fla.) (“[T]his Court made it clear in Lynch [v. State, 841 So.2d 362, 377 (Fla.2003) ] that it ‘does not recognize a domestic dispute exception in connection with death penalty analysis.’ ”), cert. denied, — U.S. -, 131 S.Ct. 426 , 178 L.Ed.2d 332 (2010); Carter v. State, 980 So.2d 473, 485 (Fla.2008) (“Domestic situations are evaluated in the same manner as other cases.”).

2010As this Court recently stated in Turner v. State, 37 So.3d 212, 224 (Fla.2010), cert. denied, — U.S. -, 131 S.Ct. 426 , 178 L.Ed.2d 332 (2010): Twelve years after the Santos decision, this Court made it clear in Lynch [v. State, 841 So.2d 362, 377 (Fla.2003) ] that it “does not recognize a domestic dispute exception in connection with death penalty analysis.” Therefore, even if [a] murder did, in fact, “arise from a domestic disturbance,” such a defense would not preclude a finding of CCP.

22010–2011
Santos v. State green
fla · 1991
1 sentence

2013Nevertheless, he relies on our decision in Santos v. State, 591 So.2d 160 (Fla.1991), to argue that the inflamed passions of the domestic dispute with his wife essentially negate both coldness and calculation in this murder.

12013–2013

Statutes the citing opinions construe

FL § 921.141 (4)

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.

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