6 Florida opinions name it 2 courts 1974–2009 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 |
|---|---|---|
Wilson v. Stategreen2 sentences2006See, e.g., Dorsey, 868 So.2d at 1199 (stating that when a party objects to the use of a peremptory challenge on racial grounds, the objecting party must establish a prima facie claim for racial discrimination and the burden then shifts to the proponent of the strike to come forward with a race neutral explanation); Wilson v. State, 845 So.2d 142, 156 (Fla.2003) (stating that once a defendant establishes a presumption of vindictiveness in sentencing, the burden then shifts to the State to rebut the presumption); Johnson v. State, 696 So.2d 317, 323 (Fla.1997) (stating that when juror misconduct 2004When a defendant establishes the existence of this presumption, the burden then shifts to the State to rebut the presumption with "affirmative evidence on the record." Id. at 156 . | 1 | 2 |
Burns v. Stategreen2 sentences2009See Burns, 609 So.2d at 606 . 2009See Burns, 609 So.2d at 606 . | 1 | 1 |
Dorsey v. Stategreen1 sentence2006See, e.g., Dorsey, 868 So.2d at 1199 (stating that when a party objects to the use of a peremptory challenge on racial grounds, the objecting party must establish a prima facie claim for racial discrimination and the burden then shifts to the proponent of the strike to come forward with a race neutral explanation); Wilson v. State, 845 So.2d 142, 156 (Fla.2003) (stating that once a defendant establishes a presumption of vindictiveness in sentencing, the burden then shifts to the State to rebut the presumption); Johnson v. State, 696 So.2d 317, 323 (Fla.1997) (stating that when juror misconduct | 1 | 1 |
Johnson v. Stategreen1 sentence2006See, e.g., Dorsey, 868 So.2d at 1199 (stating that when a party objects to the use of a peremptory challenge on racial grounds, the objecting party must establish a prima facie claim for racial discrimination and the burden then shifts to the proponent of the strike to come forward with a race neutral explanation); Wilson v. State, 845 So.2d 142, 156 (Fla.2003) (stating that once a defendant establishes a presumption of vindictiveness in sentencing, the burden then shifts to the State to rebut the presumption); Johnson v. State, 696 So.2d 317, 323 (Fla.1997) (stating that when juror misconduct | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alexander v. Louisiana
green
2 sentences1977Citing Alexander v. Louisiana, 405 U.S. 625 , 92 S.Ct. 1221 , 31 L.Ed.2d 536 (1972), the court stated that once such a prima facie case is presented the burden shifts to the State to rebut the presumption that the venire panel is unconstitutionally composed. 1977Citing Alexander v. Louisiana, 405 U.S. 625 , 92 S.Ct. 1221 , 31 L.Ed.2d 536 (1972), the court stated that once such a prima facie case is presented the burden shifts to the State to rebut the presumption that the venire panel is unconstitutionally composed. | 2 | 1974–1977 |
State v. DiGuilio
green
1 sentence2006See, e.g., Dorsey, 868 So.2d at 1199 (stating that when a party objects to the use of a peremptory challenge on racial grounds, the objecting party must establish a prima facie claim for racial discrimination and the burden then shifts to the proponent of the strike to come forward with a race neutral explanation); Wilson v. State, 845 So.2d 142, 156 (Fla.2003) (stating that once a defendant establishes a presumption of vindictiveness in sentencing, the burden then shifts to the State to rebut the presumption); Johnson v. State, 696 So.2d 317, 323 (Fla.1997) (stating that when juror misconduct | 1 | 2006–2006 |
State v. Bradford
green
1 sentence1998See Peterka; State v. Bradford, 658 So.2d 572 (Fla. 5th DCA 1995). | 1 | 1998–1998 |
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.