6 Florida opinions name it 2 courts 1931–1989 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. Smithgreen2 sentences1989See State v. Smith, 547 So.2d 613 (Fla.1989). 1989In State v. Smith, 547 So.2d 613 (Fla. 1989), the supreme court answered this question, holding that " Carawan has been overridden for offenses that occur after the effective date of chapter 88-131, section 7 [Laws of Florida], but the override will not be retroactively applied." The court found that under the amended statute, "[a]bsent a statutory degree crime or a contrary clear and specific statement of legislative intent in the particular criminal offense statutes, all criminal offenses containing unique statutory elements shall be separately punished." The supreme court noted that the dis | 1 | 2 |
Capital Cities Cable, Inc. v. Crispgreen2 sentences1989Or as we recently asked in a slightly different way, "whether the interests implicated by a state regulation are so closely related to the powers reserved by the Twenty-first Amendment that the regulation may prevail, notwithstanding that its requirements directly conflict with express federal policies." *1137 Capital Cities Cable, Inc. v. Crisp, 467 U.S. 691, 714 , 104 S.Ct. 2694, 2708 , 81 L.Ed.2d 580 (1984). 468 U.S. at 274-76 , 104 S.Ct. at 3057-57 (emphasis added; footnotes omitted). 1989Or as we recently asked in a slightly different way, "whether the interests implicated by a state regulation are so closely related to the powers reserved by the Twenty-first Amendment that the regulation may prevail, notwithstanding that its requirements directly conflict with express federal policies." *1137 Capital Cities Cable, Inc. v. Crisp, 467 U.S. 691, 714 , 104 S.Ct. 2694, 2708 , 81 L.Ed.2d 580 (1984). 468 U.S. at 274-76 , 104 S.Ct. at 3057-57 (emphasis added; footnotes omitted). | 1 | 1 |
Padie v. Stategreen1 sentence1982Under this mode of analysis a statute of limitations can be waived if the trial court determines that the following prerequisites have been met: "(1) the waiver is knowing, intelligent, and voluntary; (2) it is made for the defendant's benefit and after consultation with counsel; and (3) the defendant's waiver does not handicap his defense or contravene any other public *1016 policy reasons motivating the enactment of the statutes." Padie v. State, 594 P.2d 50, 56-57 (Alaska 1979) (footnotes omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carawan v. State
red
2 sentences1989V, § 3(b)(3) and (4), Fla. Const. The issue presented is whether the legislature intended that the sale or delivery of a controlled substance and possession of that substance with intent to sell, [1] be treated as separate offenses subject to separate convictions and separate punishment. § 775.021(4), Fla. Stat. (1985). [2] The Gordon court below applied the mode of analysis set out in Carawan v. State, 515 So.2d 161 (Fla. 1987), and concluded that the legislature did not intend that the crimes be treated as separate offenses subject to separate convictions and punishment. [3] Obviously concer 1989Therefore, we must apply the mode of analysis set out in Carawan v. State, 515 So.2d 161 (Fla.1987). | 2 | 1989–1989 |
Lowry v. Parole and Probation Com'n
green
1 sentence1989It contends that the fact that the amendment was adopted shortly after release of the Carawan decision indicates that it was an expression of prior and continuing legislative intent, rather than a substantive change in the law, citing Lowry v. Parole and Probation Commission, 473 So.2d 1248 (Fla. 1985), and Clark v. State, 530 So.2d 519 (Fla. 5th DCA 1988), and that the amended statute is therefore applicable. | 1 | 1989–1989 |
Clark v. State
green
1 sentence1989It contends that the fact that the amendment was adopted shortly after release of the Carawan decision indicates that it was an expression of prior and continuing legislative intent, rather than a substantive change in the law, citing Lowry v. Parole and Probation Commission, 473 So.2d 1248 (Fla. 1985), and Clark v. State, 530 So.2d 519 (Fla. 5th DCA 1988), and that the amended statute is therefore applicable. | 1 | 1989–1989 |
California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.
green
2 sentences1989Similarly, in Midcal Aluminum, supra, 445 U.S. 97 at 109 , 100 S.Ct. [937] at 945 [ 63 L.Ed.2d 233 (1980)], the Court, noting that recent Twenty-first Amendment cases have emphasized federal interests to a greater degree than had earlier cases, described the mode of analysis to be employed as a "pragmatic effort to harmonize state and federal powers." The question in this case is thus whether the principles underlying the Twenty-first Amendment are sufficiently implicated by the [state regulation at issue] to outweigh the Commerce Clause principles that would otherwise be offended. 1989Similarly, in Midcal Aluminum, supra, 445 U.S. 97 at 109 , 100 S.Ct. [937] at 945 [ 63 L.Ed.2d 233 (1980)], the Court, noting that recent Twenty-first Amendment cases have emphasized federal interests to a greater degree than had earlier cases, described the mode of analysis to be employed as a "pragmatic effort to harmonize state and federal powers." The question in this case is thus whether the principles underlying the Twenty-first Amendment are sufficiently implicated by the [state regulation at issue] to outweigh the Commerce Clause principles that would otherwise be offended. | 1 | 1989–1989 |
Bacchus Imports, Ltd. v. Dias
green
1 sentence1989Or as we recently asked in a slightly different way, "whether the interests implicated by a state regulation are so closely related to the powers reserved by the Twenty-first Amendment that the regulation may prevail, notwithstanding that its requirements directly conflict with express federal policies." *1137 Capital Cities Cable, Inc. v. Crisp, 467 U.S. 691, 714 , 104 S.Ct. 2694, 2708 , 81 L.Ed.2d 580 (1984). 468 U.S. at 274-76 , 104 S.Ct. at 3057-57 (emphasis added; footnotes omitted). | 1 | 1989–1989 |
United States v. Claude C. Wild, Jr.
green
1 sentence1982Illustrative of the independence of the issue of waivability is United States v. Wild, 551 F.2d 418 (D.C. | 1 | 1982–1982 |
Hall v. Florida State Drainage Land Co.
neutral
2 sentences1931Gill v. Graham, 54 Fla. 259 , 45 So. 845 ; Hall v. Florida State Drainage Land Co., 89 Fla. 312 , 103 So. 828 . 1931Gill v. Graham, 54 Fla. 259 , 45 So. 845 ; Hall v. Florida State Drainage Land Co., 89 Fla. 312 , 103 So. 828 . | 1 | 1931–1931 |
Gill v. Graham
green
1 sentence1931Gill v. Graham, 54 Fla. 259 , 45 So. 845 ; Hall v. Florida State Drainage Land Co., 89 Fla. 312 , 103 So. 828 . | 1 | 1931–1931 |
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.