6 Florida opinions name it 2 courts 2007–2019 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 |
|---|---|---|
State v. Bairdgreen1 sentence2019Sinkovics and Altemose, the trial court gave the jury a limiting instruction, directing the jury “not to consider what the doctors told Mr. Gloger [about Mrs. Gloger’s diagnosis] for the truth of the matter asserted, just the effect the information had on Mr. Gloger.” While we recognize that “any prejudicial effect generally can be limited by giving instructions cautioning the jury as to the limited use of the testimony,” State v. Baird, 572 So. 2d 904, 906 (Fla. 1990), we conclude that, under the particular circumstances of this case, the instant limiting instruction was not effective to assu | 1 | 1 |
King v. Stategreen1 sentence2016While hearsay evidence is generally inadmissible, if the evidence “is offered for a purpose other than to prove the truth of the matter asserted, it is by definition not hearsay.” Diaz v. State, 890 So.2d 556, 558 (Fla. 5th DCA 2005) (citing King v. State, 684 So.2d 1388, 1389 (Fla. 1st DCA 1996)). | 1 | 1 |
Diaz v. Stategreen1 sentence2016While hearsay evidence is generally inadmissible, if the evidence “is offered for a purpose other than to prove the truth of the matter asserted, it is by definition not hearsay.” Diaz v. State, 890 So.2d 556, 558 (Fla. 5th DCA 2005) (citing King v. State, 684 So.2d 1388, 1389 (Fla. 1st DCA 1996)). | 1 | 1 |
Moore v. Stategreen1 sentence2014Id. at 754 ; see also Moore v. State, 943 So.2d 296, 297-98 (Fla. 1st DCA 2006) (holding that where the appellant introduced exculpatory statements that he made to police officer, his credibility could be attacked just as if he had testified as a witness). | 1 | 1 |
Owen v. Stategreen1 sentence2012Next, I disagree with the majority’s holding that heightened premeditation — a requirement in order to find CCP — is proven in this case because Kopsho had the opportunity to choose whether to complete the intended murder after his original plan was interrupted, relying on Owen v. State, 862 So.2d 687, 701 (Fla.2003). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Huggins v. State
green
2 sentences2014Id. at 754 ; see also Moore v. State, 943 So.2d 296, 297-98 (Fla. 1st DCA 2006) (holding that where the appellant introduced exculpatory statements that he made to police officer, his credibility could be attacked just as if he had testified as a witness). 2014In Huggins, 889 So.2d at 756-57 , the supreme court concluded that the trial court did not abuse its discretion in performing this balancing test where it tried to limit the danger of unfair prejudice by giving the jury a limiting instruction regarding the use of the evidence and by not informing the jury of the nature of crimes. | 1 | 2014–2014 |
Metropolitan Dade County v. Zapata
green
1 sentence2007Zapata, 601 So.2d at 245 . | 1 | 2007–2007 |
Volkswagen of America, Inc. v. Gentry
green
1 sentence2007Id. | 1 | 2007–2007 |
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.