has found error (Florida) · Go Syfert
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has found error in Florida

6 Florida opinions name it 2 courts 1978–2017 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 (10)

CaseFollowedCited
Kopsho v. Stategreen
fla · 2007 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017See Matarranz, 133 So.3d at 477-81, 485-88 (juror repeatedly indicated that she harbored a bias against criminal defendants because she,had previously been the victim of a burglary); Kop-sho, 959 So.2d at 170-72 (juror believed that defendant should testify on his own behalf and expressed disagreement with the right to silence); Overton v. State, 801 So.2d 877, 890-93 (Fla. 2001) (finding error in denying cause challenge to one juror who emphatically believed that the defendant’s failure to testify indicated guilt); see also Welch v. State, 189 So.3d 296, 301 (Fla. 2d DCA 2016) (holding that j

2017See Matarranz, 133 So. 3d at 477-81, 485-88 (juror repeatedly indicated that she harbored a bias against criminal defendants because she had previously been the victim of a burglary); Kopsho, 959 So. 2d at 170-72 (juror believed that defendant should testify on his own behalf and expressed disagreement with the right to - 29 - silence); Overton v. State, 801 So. 2d 877, 890-93 (Fla. 2001) (finding error in denying cause challenge to one juror who emphatically believed that the defendant’s failure to testify indicated guilt); see also Welch v. State, 189 So. 3d 296, 301 (Fla. 2d DCA 2016) (hold

11
Overton v. Stategreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017See Matarranz, 133 So.3d at 477-81, 485-88 (juror repeatedly indicated that she harbored a bias against criminal defendants because she,had previously been the victim of a burglary); Kop-sho, 959 So.2d at 170-72 (juror believed that defendant should testify on his own behalf and expressed disagreement with the right to silence); Overton v. State, 801 So.2d 877, 890-93 (Fla. 2001) (finding error in denying cause challenge to one juror who emphatically believed that the defendant’s failure to testify indicated guilt); see also Welch v. State, 189 So.3d 296, 301 (Fla. 2d DCA 2016) (holding that j

2017See Matarranz, 133 So. 3d at 477-81, 485-88 (juror repeatedly indicated that she harbored a bias against criminal defendants because she had previously been the victim of a burglary); Kopsho, 959 So. 2d at 170-72 (juror believed that defendant should testify on his own behalf and expressed disagreement with the right to - 29 - silence); Overton v. State, 801 So. 2d 877, 890-93 (Fla. 2001) (finding error in denying cause challenge to one juror who emphatically believed that the defendant’s failure to testify indicated guilt); see also Welch v. State, 189 So. 3d 296, 301 (Fla. 2d DCA 2016) (hold

11
Welch v. Stategreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017See Matarranz, 133 So.3d at 477-81, 485-88 (juror repeatedly indicated that she harbored a bias against criminal defendants because she,had previously been the victim of a burglary); Kop-sho, 959 So.2d at 170-72 (juror believed that defendant should testify on his own behalf and expressed disagreement with the right to silence); Overton v. State, 801 So.2d 877, 890-93 (Fla. 2001) (finding error in denying cause challenge to one juror who emphatically believed that the defendant’s failure to testify indicated guilt); see also Welch v. State, 189 So.3d 296, 301 (Fla. 2d DCA 2016) (holding that j

2017See Matarranz, 133 So. 3d at 477-81, 485-88 (juror repeatedly indicated that she harbored a bias against criminal defendants because she had previously been the victim of a burglary); Kopsho, 959 So. 2d at 170-72 (juror believed that defendant should testify on his own behalf and expressed disagreement with the right to - 29 - silence); Overton v. State, 801 So. 2d 877, 890-93 (Fla. 2001) (finding error in denying cause challenge to one juror who emphatically believed that the defendant’s failure to testify indicated guilt); see also Welch v. State, 189 So. 3d 296, 301 (Fla. 2d DCA 2016) (hold

11
Bryant v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017Id. at 894 (juror indicated that he was inclined to impose death sentences for defendants convicted of first-degree murder, but also explained that he would follow the court’s instructions and could entertain a life sentence); Bryant v. State, 656 So.2d 426, 428 (Fla. 1995) (five jurors initially “expressed strong support of the death penalty,” but later indicated that they would follow the instructions and weigh the aggravation and mitigation).

2017Id. at 894 (juror indicated that he was inclined to impose death sentences for defendants convicted of first-degree murder, but also explained that he would follow the court’s instructions and could entertain a life sentence); Bryant v. State, 656 So. 2d 426, 428 (Fla. 1995) (five jurors initially “expressed strong support of the death penalty,” but later indicated that they would follow the instructions and weigh the aggravation and mitigation).

11
Wainwright v. Wittgreen
scotus · 1985 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017Id. at 894 (juror indicated that he was inclined to impose death sentences for defendants convicted of first-degree murder, but also explained that he would follow the court’s instructions and could entertain a life sentence); Bryant v. State, 656 So.2d 426, 428 (Fla. 1995) (five jurors initially “expressed strong support of the death penalty,” but later indicated that they would follow the instructions and weigh the aggravation and mitigation).

11
Matarranz v. Stategreen
fla · 2013 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017See Matarranz, 133 So.3d at 477-81, 485-88 (juror repeatedly indicated that she harbored a bias against criminal defendants because she,had previously been the victim of a burglary); Kop-sho, 959 So.2d at 170-72 (juror believed that defendant should testify on his own behalf and expressed disagreement with the right to silence); Overton v. State, 801 So.2d 877, 890-93 (Fla. 2001) (finding error in denying cause challenge to one juror who emphatically believed that the defendant’s failure to testify indicated guilt); see also Welch v. State, 189 So.3d 296, 301 (Fla. 2d DCA 2016) (holding that j

2017See Matarranz, 133 So. 3d at 477-81, 485-88 (juror repeatedly indicated that she harbored a bias against criminal defendants because she had previously been the victim of a burglary); Kopsho, 959 So. 2d at 170-72 (juror believed that defendant should testify on his own behalf and expressed disagreement with the right to - 29 - silence); Overton v. State, 801 So. 2d 877, 890-93 (Fla. 2001) (finding error in denying cause challenge to one juror who emphatically believed that the defendant’s failure to testify indicated guilt); see also Welch v. State, 189 So. 3d 296, 301 (Fla. 2d DCA 2016) (hold

11
Brown v. Stategreen
fladistctapp · 1984 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See also Brown v. State, 455 So.2d 635, 635-36 (Fla. 5th DCA 1984) (holding that when the trial court has found a violation Of probation by the greater weight of the evidence, “the decision as to whether qr not to revoke the [defendant’s] probation is within the discretion of the trial judge” (citing Harris v. State, 453 So.2d 228 (Fla. 5th DCA 1984))).

11
Harris v. Stategreen
fladistctapp · 1984 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016See also Brown v. State, 455 So.2d 635, 635-36 (Fla. 5th DCA 1984) (holding that when the trial court has found a violation Of probation by the greater weight of the evidence, “the decision as to whether qr not to revoke the [defendant’s] probation is within the discretion of the trial judge” (citing Harris v. State, 453 So.2d 228 (Fla. 5th DCA 1984))).

11
The Florida Bar v. Thomasgreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See Florida Bar v. Thomas, 698 So.2d 530 (Fla.1997).

11
Kratz v. Newsomgreen
fla · 1971 · cited in 1 Florida opinions naming this issue, 1978–1978
1 sentence

1978See Orange City Water Co. v. Town of Orange City, 255 So.2d 257 (Fla. 1971); State v. Newell, 85 So.2d 124 (Fla. 1956); Brevard County v. Board of Public Instruction, 159 Fla. 869 , 33 So.2d 54 (1947); Realty Bond and Share Co. v. Englar, 104 Fla. 329 , 143 So. 152 (1932).

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 (7)

CaseCitedYears
The Florida Bar v. Travis green
fla · 2000
1 sentence

2004In Travis , this Court did note, "In cases involving isolated incidents of misappropriation, this Court has found the presumption of disbarment rebutted when mitigation such as cooperation, restitution, and the absence of a past disciplinary record exist." Id.

12004–2004
Avery v. Midland County green
scotus · 1968
2 sentences

1987E.g., Hadley v. Junior College District, 397 U.S. 50 , 90 S.Ct. 791 , 25 L.Ed.2d 45 (1970) (trustees of junior college district); Kramer v. Union Free School District, 395 U.S. 621 , 89 S.Ct. 1886 , 23 L.Ed. 2d 583 (1969) (school district officials); Avery v. Midland County, 390 U.S. 474 , 88 S.Ct. 1114 , 20 L.Ed.2d 45 (1968) (county commissioners).

1987E.g., Hadley v. Junior College District, 397 U.S. 50 , 90 S.Ct. 791 , 25 L.Ed.2d 45 (1970) (trustees of junior college district); Kramer v. Union Free School District, 395 U.S. 621 , 89 S.Ct. 1886 , 23 L.Ed. 2d 583 (1969) (school district officials); Avery v. Midland County, 390 U.S. 474 , 88 S.Ct. 1114 , 20 L.Ed.2d 45 (1968) (county commissioners).

11987–1987
Kramer v. Union Free School District No. 15 green
scotus · 1969
2 sentences

1987E.g., Hadley v. Junior College District, 397 U.S. 50 , 90 S.Ct. 791 , 25 L.Ed.2d 45 (1970) (trustees of junior college district); Kramer v. Union Free School District, 395 U.S. 621 , 89 S.Ct. 1886 , 23 L.Ed. 2d 583 (1969) (school district officials); Avery v. Midland County, 390 U.S. 474 , 88 S.Ct. 1114 , 20 L.Ed.2d 45 (1968) (county commissioners).

1987E.g., Hadley v. Junior College District, 397 U.S. 50 , 90 S.Ct. 791 , 25 L.Ed.2d 45 (1970) (trustees of junior college district); Kramer v. Union Free School District, 395 U.S. 621 , 89 S.Ct. 1886 , 23 L.Ed. 2d 583 (1969) (school district officials); Avery v. Midland County, 390 U.S. 474 , 88 S.Ct. 1114 , 20 L.Ed.2d 45 (1968) (county commissioners).

11987–1987
Hadley v. Junior College District of Metropolitan Kansas City green
scotus · 1970
2 sentences

1987E.g., Hadley v. Junior College District, 397 U.S. 50 , 90 S.Ct. 791 , 25 L.Ed.2d 45 (1970) (trustees of junior college district); Kramer v. Union Free School District, 395 U.S. 621 , 89 S.Ct. 1886 , 23 L.Ed. 2d 583 (1969) (school district officials); Avery v. Midland County, 390 U.S. 474 , 88 S.Ct. 1114 , 20 L.Ed.2d 45 (1968) (county commissioners).

1987E.g., Hadley v. Junior College District, 397 U.S. 50 , 90 S.Ct. 791 , 25 L.Ed.2d 45 (1970) (trustees of junior college district); Kramer v. Union Free School District, 395 U.S. 621 , 89 S.Ct. 1886 , 23 L.Ed. 2d 583 (1969) (school district officials); Avery v. Midland County, 390 U.S. 474 , 88 S.Ct. 1114 , 20 L.Ed.2d 45 (1968) (county commissioners).

11987–1987
Realty Bond & Share Co. v. Englar green
fla · 1932
2 sentences

1978See Orange City Water Co. v. Town of Orange City, 255 So.2d 257 (Fla. 1971); State v. Newell, 85 So.2d 124 (Fla. 1956); Brevard County v. Board of Public Instruction, 159 Fla. 869 , 33 So.2d 54 (1947); Realty Bond and Share Co. v. Englar, 104 Fla. 329 , 143 So. 152 (1932).

1978See Orange City Water Co. v. Town of Orange City, 255 So.2d 257 (Fla. 1971); State v. Newell, 85 So.2d 124 (Fla. 1956); Brevard County v. Board of Public Instruction, 159 Fla. 869 , 33 So.2d 54 (1947); Realty Bond and Share Co. v. Englar, 104 Fla. 329 , 143 So. 152 (1932).

11978–1978
Brevard County v. Board of Public Instruction green
fla · 1947
2 sentences

1978See Orange City Water Co. v. Town of Orange City, 255 So.2d 257 (Fla. 1971); State v. Newell, 85 So.2d 124 (Fla. 1956); Brevard County v. Board of Public Instruction, 159 Fla. 869 , 33 So.2d 54 (1947); Realty Bond and Share Co. v. Englar, 104 Fla. 329 , 143 So. 152 (1932).

1978See Orange City Water Co. v. Town of Orange City, 255 So.2d 257 (Fla. 1971); State v. Newell, 85 So.2d 124 (Fla. 1956); Brevard County v. Board of Public Instruction, 159 Fla. 869 , 33 So.2d 54 (1947); Realty Bond and Share Co. v. Englar, 104 Fla. 329 , 143 So. 152 (1932).

11978–1978
State Ex Rel. Limpus v. Newell green
fla · 1956
1 sentence

1978See Orange City Water Co. v. Town of Orange City, 255 So.2d 257 (Fla. 1971); State v. Newell, 85 So.2d 124 (Fla. 1956); Brevard County v. Board of Public Instruction, 159 Fla. 869 , 33 So.2d 54 (1947); Realty Bond and Share Co. v. Englar, 104 Fla. 329 , 143 So. 152 (1932).

11978–1978

Where else courts name it

PA 27 (1981–2025) NC 23 (1973–2021) MS 18 (1992–2021) IL 17 (1981–2025) LA 13 (1980–2010) CT 11 (1982–2025) KS 8 (1994–2026) AL 6 (1987–2012) FL 6 (1978–2017) TX 5 (1983–2021) IA 5 (2015–2022) OH 5 (1999–2024) IN 4 (1975–2023) MD 4 (1997–2021) CA 4 (2005–2016) WV 4 (2004–2026) AR 3 (1980–2000) OR 3 (1977–1998) AZ 3 (1986–2024) OK 3 (1981–2026) SC 3 (1996–2001) KY 2 (1924–1996) WY 2 (2016–2016) NJ 2 (1963–1997) MI 2 (1965–1977) ME 2 (1986–2007) DC 2 (2011–2021)

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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