law is fundamental error (Florida) · Go Syfert
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law is fundamental error in Florida

6 Florida opinions name it 1 courts 1995–2003 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 (8)

CaseFollowedCited
Ward v. Stategreen
fladistctapp · 1995 · cited in 5 Florida opinions naming this issue, 2000–2003
2 sentences

2003See Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) (holding that the issuance of "`an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense'") (quoting Ward v. State, 655 So.2d 1290, 1292 (Fla. 5th DCA 1995)); see also Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994).

2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))).

45
Hubbard v. Stategreen
fladistctapp · 2000 · cited in 4 Florida opinions naming this issue, 2001–2003
2 sentences

2003See Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) (holding that the issuance of "`an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense'") (quoting Ward v. State, 655 So.2d 1290, 1292 (Fla. 5th DCA 1995)); see also Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994).

2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))).

44
Johnson v. Stategreen
fladistctapp · 1994 · cited in 4 Florida opinions naming this issue, 1995–2003
2 sentences

2003See Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) (holding that the issuance of "`an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense'") (quoting Ward v. State, 655 So.2d 1290, 1292 (Fla. 5th DCA 1995)); see also Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994).

2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))).

24
State v. Delvagreen
fla · 1991 · cited in 2 Florida opinions naming this issue, 1995–2001
2 sentences

2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))).

1995See State v. Delva, 575 So.2d 643 (Fla. 1991); Brumbley v. State, 453 So.2d 381 (Fla. 1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994).

12
Jones v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu

11
Dowling v. Stategreen
fladistctapp · 1998 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu

11
Viveros v. Stategreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu

11
Davis v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu

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 (4)

CaseCitedYears
Brumbley v. State green
fla · 1984
2 sentences

2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))).

1995See State v. Delva, 575 So.2d 643 (Fla. 1991); Brumbley v. State, 453 So.2d 381 (Fla. 1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994).

21995–2001
Jones v. State green
fladistctapp · 1995
2 sentences

2001Charging the jury with "an incomplete and inaccurate instruction on the law is fundamental error where the error relates to the elements of the criminal offense." Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ( quoting Ward v. State, 655 So.2d 1290, 1291-92 (Fla. 5th DCA 1995) ( citing State v. Delva, 575 So.2d 643 (Fla.1991); Brumbley v. State, 453 So.2d 381 (Fla.1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994))).

1995See State v. Delva, 575 So.2d 643 (Fla. 1991); Brumbley v. State, 453 So.2d 381 (Fla. 1984); Jones v. State, 656 So.2d 489 (Fla. 4th DCA 1995); Johnson v. State, 632 So.2d 1062 (Fla. 5th DCA 1994).

21995–2001
Gill v. State green
fladistctapp · 1991
1 sentence

2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu

12001–2001
Cole v. State neutral
fladistctapp · 1991
1 sentence

2001Finally, I believe the majority's opinion conflicts with the following decisions: Hubbard v. State, 751 So.2d 771, 772 (Fla. 5th DCA 2000) ("The issuance of `an incomplete and inaccurate instruction on the law is fundamental error where it relates to the elements of the criminal offense.'"); Davis v. State, 736 So.2d 27, 28 (Fla. 4th DCA 1999) ("An inaccurate jury instruction constitutes fundamental error if the inaccuracy relates to an element of the charged offense."); Dowling v. State, 723 So.2d 307, 308 (Fla. 4th DCA 1998) ("Failure to give a complete or accurate instruction constitutes fu

12001–2001

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