6 Florida opinions name it 2 courts 1990–2023 1 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. ARSgreen2 sentences2008See Richardson v. State, 831 So.2d 799, 801 (Fla. 2d DCA 2002) (confirming that Florida applies a “heightened burden of proof on defendants to prove a selective prosecution claim” and that “to establish a selective prosecution claim, a defendant must show that the prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory intent”); State v. A.R.S., 684 So.2d 1383, 1384-85 (Fla. 1st DCA 1996) (confirming that “the government has broad discretion in determining whom to prosecute, and this discretion ‘rests largely on the recognition that the decision to prosec 2002Compare State v. A.R.S., 684 So.2d 1383, 1385 (Fla. 1st DCA 1996), with Armstrong, 517 U.S. at 463-65 , 116 S.Ct. 1480 . | 2 | 2 |
State v. Parrishgreen2 sentences2008State v. Parrish, 567 So.2d 461, 465 (Fla. 1st DCA 1990) (quoting United States v. Berrios, 501 F.2d 1207, 1211 (2d Cir.1974)), review denied, 581 So.2d 167 (Fla.1991).”). 1996Parrish, 567 So.2d at 464 . | 1 | 3 |
Dietrich v. Stategreen1 sentence2008See Richardson v. State, 831 So.2d 799, 801 (Fla. 2d DCA 2002) (confirming that Florida applies a “heightened burden of proof on defendants to prove a selective prosecution claim” and that “to establish a selective prosecution claim, a defendant must show that the prosecutorial policy had a discriminatory effect and that it was motivated by a discriminatory intent”); State v. A.R.S., 684 So.2d 1383, 1384-85 (Fla. 1st DCA 1996) (confirming that “the government has broad discretion in determining whom to prosecute, and this discretion ‘rests largely on the recognition that the decision to prosec | 1 | 1 |
United States v. Pablo Berriosgreen1 sentence2008State v. Parrish, 567 So.2d 461, 465 (Fla. 1st DCA 1990) (quoting United States v. Berrios, 501 F.2d 1207, 1211 (2d Cir.1974)), review denied, 581 So.2d 167 (Fla.1991).”). | 1 | 1 |
United States v. Armstronggreen2 sentences2002United States v. Armstrong, 517 U.S. 456, 465 , 116 S.Ct. 1480 , 134 L.Ed.2d 687 (1996). 2002United States v. Armstrong, 517 U.S. 456, 465 , 116 S.Ct. 1480 , 134 L.Ed.2d 687 (1996). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Thompson v. Florida Bar
green
1 sentence2023Jacobs asserted a selective prosecution defense in the disciplinary proceeding, but the referee rejected the defense, finding that the presented evidence did not establish the elements of selective prosecution articulated in Thompson v. Florida Bar, 526 F. Supp. 2d 1264 (S.D. | 1 | 2023–2023 |
Howard Taylor v. United States
green
1 sentence1990In addition to its narrow class argument, the state cites Taylor v. United States, 798 F.2d 271 (7th Cir.1986) cert. denied, 479 U.S. 1056 , 107 S.Ct. 933 , 93 L.Ed.2d 983 (1987), for the proposition that late prosecution of others similarly situated will preclude a selective prosecution defense. | 1 | 1990–1990 |
Wayte v. United States
green
2 sentences1990Finally, in recognition of the deference due a prosecutor's charging decision and that "the decision to prosecute is particularly ill-suited to judicial review," see Wayte v. United States, 470 U.S. 598 , 105 S.Ct. 1524, 1530 , 84 L.Ed.2d 547 (1985), the trial court concluded that a defendant claiming a selective prosecution defense should be required to establish such defense by clear and convincing evidence. 1990Finally, in recognition of the deference due a prosecutor's charging decision and that "the decision to prosecute is particularly ill-suited to judicial review," see Wayte v. United States, 470 U.S. 598 , 105 S.Ct. 1524, 1530 , 84 L.Ed.2d 547 (1985), the trial court concluded that a defendant claiming a selective prosecution defense should be required to establish such defense by clear and convincing evidence. | 1 | 1990–1990 |
Sanchez v. Miller
green
1 sentence1990In addition to its narrow class argument, the state cites Taylor v. United States, 798 F.2d 271 (7th Cir.1986) cert. denied, 479 U.S. 1056 , 107 S.Ct. 933 , 93 L.Ed.2d 983 (1987), for the proposition that late prosecution of others similarly situated will preclude a selective prosecution defense. | 1 | 1990–1990 |
Cherry v. United States
green
1 sentence1990In addition to its narrow class argument, the state cites Taylor v. United States, 798 F.2d 271 (7th Cir.1986) cert. denied, 479 U.S. 1056 , 107 S.Ct. 933 , 93 L.Ed.2d 983 (1987), for the proposition that late prosecution of others similarly situated will preclude a selective prosecution defense. | 1 | 1990–1990 |
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.