form instruction (Florida) · Go Syfert
← Florida issues

form instruction in Florida

48 Florida opinions name it 4 courts 1925–2020 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 (35)

CaseFollowedCited
Duckworth v. Eagangreen
scotus · 1989 · cited in 2 Florida opinions naming this issue, 2007–2007
2 sentences

2007See Duckworth, 492 U.S. at 202 , 109 S.Ct. 2875 ; Prysock, 453 U.S. at 359 , 101 S.Ct. 2806 .

2007See Duckworth, 492 U.S. at 202, 109 S.Ct. 2875 ; Prysock, 453 U.S. at 359 , 101 S.Ct. 2806 .

22
Hodges v. Stategreen
fla · 1993 · cited in 2 Florida opinions naming this issue, 1994–2005
2 sentences

2005This Court has repeatedly held that "[t]he contemporaneous objection rule applies to Espinosa error, i.e., a specific objection on the form of the instruction must be made to the trial court to preserve the issue for appeal." Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied 510 U.S. 996 , 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993); see also Nelson v. State, 850 So.2d 514, 525 (Fla.), cert. denied, 540 U.S. 1091 , 124 S.Ct. 961 , 157 L.Ed.2d 797 (2003); Melendez v. State, 612 So.2d 1366 (Fla.1992).

1994Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied, ___ U.S. ___, 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993).

22
State v. Hogangreen
fla · 1984 · cited in 2 Florida opinions naming this issue, 1989–1989
2 sentences

1989E.g., State v. Hogan, 451 So.2d 844, 845 (Fla. 1984) ("a capital case is one where death is a possible penalty"); Lowe v. Stack, 326 So.2d 1 (Fla. 1974) (first degree murder requires indictment rather than information); Bradley v. State, 374 So.2d 1154 (Fla. 3d DCA 1979) (same); State ex rel.

1989E.g., State v. Hogan, 451 So.2d 844, 845 (Fla.1984) (“a capital case is one where death is a possible penalty”); Lowe v. Stack, 326 So.2d 1 (Fla.1974) (first degree murder requires indictment rather than information); Bradley v. State, 374 So.2d 1154 (Fla. 3d DCA 1979) (same); State ex rel.

22
Wilson v. Salamongreen
fla · 2005 · cited in 3 Florida opinions naming this issue, 2006–2007
2 sentences

2007Recently, in Saia Motor Freight Line, Inc. v. Reid, 930 So.2d 598 (Fla.2006), the supreme court described rule 1.525 as establishing "a bright-line time requirement for motions for costs and attorney fees." Wilson v. Salamon, 923 So.2d 363 (Fla.2005) interpreted rule 1.420(e) by its "plain meaning" to "further the purpose of decreasing litigation over the purpose of the rule and fostering the smooth administration of the trial court's docket." Id. at 158.

2007The goal is to "strictly construe provisions to create rules that are clear-cut and easy to apply." Stowe, 937 So.2d at 158 ; see also Saia Motor Freight Line, Inc., 930 So.2d at 600 (describing rule 1.525 as establishing "a bright-line time requirement for motions for costs and attorney fees"); Wilson v. Salamon, 923 So.2d 363, 367 (Fla. 2005) (interpreting rule 1.420(e) "by its plain meaning" to "further the purpose of decreasing litigation over the purpose of the rule and fostering the smooth administration of the trial court's docket"); Lamb v. Matetzschk, 906 So.2d 1037 (Fla. 2005) (adopt

13
Saia Motor Freight Line, Inc. v. Reidgreen
fla · 2006 · cited in 3 Florida opinions naming this issue, 2006–2007
2 sentences

2007Recently, in Saia Motor Freight Line, Inc. v. Reid, 930 So.2d 598 (Fla.2006), the supreme court described rule 1.525 as establishing "a bright-line time requirement for motions for costs and attorney fees." Wilson v. Salamon, 923 So.2d 363 (Fla.2005) interpreted rule 1.420(e) by its "plain meaning" to "further the purpose of decreasing litigation over the purpose of the rule and fostering the smooth administration of the trial court's docket." Id. at 158.

2007The goal is to "strictly construe provisions to create rules that are clear-cut and easy to apply." Stowe, 937 So.2d at 158 ; see also Saia Motor Freight Line, Inc., 930 So.2d at 600 (describing rule 1.525 as establishing "a bright-line time requirement for motions for costs and attorney fees"); Wilson v. Salamon, 923 So.2d 363, 367 (Fla. 2005) (interpreting rule 1.420(e) "by its plain meaning" to "further the purpose of decreasing litigation over the purpose of the rule and fostering the smooth administration of the trial court's docket"); Lamb v. Matetzschk, 906 So.2d 1037 (Fla. 2005) (adopt

13
Roberts v. Singletarygreen
fla · 1993 · cited in 2 Florida opinions naming this issue, 1996–2002
2 sentences

2002See Roberts v. Singletary, 626 So.2d 168 (Fla.1993).

1996Id. at 168-69 .

12
Sochor v. Floridagreen
scotus · 1992 · cited in 2 Florida opinions naming this issue, 1993–1996
2 sentences

1996As the Supreme Court explained in Sochor v. Florida, 504 U.S. 527 , [538], 112 S.Ct. 2114, 2122 , 119 L.Ed.2d 326 (1992), while a jury is likely to disregard an aggravating factor upon which it has been properly instructed but which is unsupported by the evidence, the jury is "unlikely to disregard a theory flawed in law." See also Griffin v. United States, 502 U.S. 46, 59 , 112 S.Ct. 466, 474 , 116 L.Ed.2d 371 (1991) ("When jurors have been left the option of relying upon a legally inadequate theory, there is no reason to think that their own intelligence and experience will save them from th

1996As the Supreme Court explained in Sochor v. Florida, 504 U.S. 527 , [538], 112 S.Ct. 2114, 2122 , 119 L.Ed.2d 326 (1992), while a jury is likely to disregard an aggravating factor upon which it has been properly instructed but which is unsupported by the evidence, the jury is "unlikely to disregard a theory flawed in law." See also Griffin v. United States, 502 U.S. 46, 59 , 112 S.Ct. 466, 474 , 116 L.Ed.2d 371 (1991) ("When jurors have been left the option of relying upon a legally inadequate theory, there is no reason to think that their own intelligence and experience will save them from th

12
McKnight v. Evancheckgreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017See McKnight v. Evancheck, 907 So. 2d 699, 701 (Fla. 4th DCA 2005) (affirming a dismissal for fraud on the court based on medical records and where neither party requested an evidentiary hearing); Long v. Swofford, 805 So. 2d 882, 884 (Fla. 3d DCA 2001) (affirming dismissal of the complaint with prejudice for fraud on the court after the trial court conducted a hearing and reviewed the plaintiff’s medical records and deposition); Savino v. Fla. Drive In Theatre Mgmt., Inc., 697 So. 2d 1011, 1012 (Fla. 4th DCA 1997) (affirming dismissal for fraud on the court and finding that the plaintiff fail

11
Long v. Swoffordgreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017See McKnight v. Evancheck, 907 So. 2d 699, 701 (Fla. 4th DCA 2005) (affirming a dismissal for fraud on the court based on medical records and where neither party requested an evidentiary hearing); Long v. Swofford, 805 So. 2d 882, 884 (Fla. 3d DCA 2001) (affirming dismissal of the complaint with prejudice for fraud on the court after the trial court conducted a hearing and reviewed the plaintiff’s medical records and deposition); Savino v. Fla. Drive In Theatre Mgmt., Inc., 697 So. 2d 1011, 1012 (Fla. 4th DCA 1997) (affirming dismissal for fraud on the court and finding that the plaintiff fail

11
Savino v. FLA. DRIVE IN THEATRE MANAGEMENTgreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017See McKnight v. Evancheck, 907 So. 2d 699, 701 (Fla. 4th DCA 2005) (affirming a dismissal for fraud on the court based on medical records and where neither party requested an evidentiary hearing); Long v. Swofford, 805 So. 2d 882, 884 (Fla. 3d DCA 2001) (affirming dismissal of the complaint with prejudice for fraud on the court after the trial court conducted a hearing and reviewed the plaintiff’s medical records and deposition); Savino v. Fla. Drive In Theatre Mgmt., Inc., 697 So. 2d 1011, 1012 (Fla. 4th DCA 1997) (affirming dismissal for fraud on the court and finding that the plaintiff fail

11
Sharwell v. Kaiser Permanentegreen
scotus · 2003 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005This Court has repeatedly held that "[t]he contemporaneous objection rule applies to Espinosa error, i.e., a specific objection on the form of the instruction must be made to the trial court to preserve the issue for appeal." Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied 510 U.S. 996 , 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993); see also Nelson v. State, 850 So.2d 514, 525 (Fla.), cert. denied, 540 U.S. 1091 , 124 S.Ct. 961 , 157 L.Ed.2d 797 (2003); Melendez v. State, 612 So.2d 1366 (Fla.1992).

11
Wansing v. Hinesgreen
scotus · 2003 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005This Court has repeatedly held that "[t]he contemporaneous objection rule applies to Espinosa error, i.e., a specific objection on the form of the instruction must be made to the trial court to preserve the issue for appeal." Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied 510 U.S. 996 , 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993); see also Nelson v. State, 850 So.2d 514, 525 (Fla.), cert. denied, 540 U.S. 1091 , 124 S.Ct. 961 , 157 L.Ed.2d 797 (2003); Melendez v. State, 612 So.2d 1366 (Fla.1992).

11
Dukes v. Whitegreen
scotus · 2003 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005This Court has repeatedly held that "[t]he contemporaneous objection rule applies to Espinosa error, i.e., a specific objection on the form of the instruction must be made to the trial court to preserve the issue for appeal." Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied 510 U.S. 996 , 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993); see also Nelson v. State, 850 So.2d 514, 525 (Fla.), cert. denied, 540 U.S. 1091 , 124 S.Ct. 961 , 157 L.Ed.2d 797 (2003); Melendez v. State, 612 So.2d 1366 (Fla.1992).

11
Nelson v. Stategreen
fla · 2003 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005This Court has repeatedly held that "[t]he contemporaneous objection rule applies to Espinosa error, i.e., a specific objection on the form of the instruction must be made to the trial court to preserve the issue for appeal." Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied 510 U.S. 996 , 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993); see also Nelson v. State, 850 So.2d 514, 525 (Fla.), cert. denied, 540 U.S. 1091 , 124 S.Ct. 961 , 157 L.Ed.2d 797 (2003); Melendez v. State, 612 So.2d 1366 (Fla.1992).

11
Notar v. State Farm Mut. Auto. Ins. Co.green
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000See id. (citing section 733.704, Florida Statutes (1981)).

11
Griffin v. United Statesgreen
scotus · 1991 · cited in 1 Florida opinions naming this issue, 1996–1996
11
Harold S. Alston v. Walter Redman, Warden Charles M. Oberly, Iii, Attorney General of the State of Delaware and the State of Delawaregreen
ca3 · 1994 · cited in 1 Florida opinions naming this issue, 1995–1995
11
United States v. Matthew Lagronegreen
ca7 · 1994 · cited in 1 Florida opinions naming this issue, 1995–1995
11
United States v. Eric Lawrence Wrightgreen
ca9 · 1992 · cited in 1 Florida opinions naming this issue, 1995–1995
11
Mills v. Singletarygreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 1994–1994
11
Medina v. Stategreen
fla · 1990 · cited in 1 Florida opinions naming this issue, 1994–1994
11
Walker v. Stategreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 1993–1993
11
State v. Smithgreen
fla · 1990 · cited in 1 Florida opinions naming this issue, 1991–1991
11
In Re Standard Jury Instructionsgreen
fla · 1967 · cited in 1 Florida opinions naming this issue, 1987–1987
11
Wiggins v. Portmay Corp.green
fladistctapp · 1983 · cited in 1 Florida opinions naming this issue, 1983–1983
11
Ortega v. Owens-Corning Fiberglas Corp.green
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1983–1983
11
DEPT. OF PROFESSIONAL REG. v. Hallgreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1983–1983
11
Department of Business Regulation v. NK, INC.green
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1983–1983
11
Communities Fin. Corp. v. FLORIDA, ETC.green
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1983–1983
11
Junco v. State Bd. of Accountancygreen
fla · 1980 · cited in 1 Florida opinions naming this issue, 1983–1983
11
Key Haven Associated Enterprises, Inc. v. Board of Trustees of Internal Improvement Trust Fundgreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 1983–1983
11
Coulter v. Davingreen
fladistctapp · 1979 · cited in 1 Florida opinions naming this issue, 1983–1983
11
Fare v. Michael C.green
scotus · 1979 · cited in 1 Florida opinions naming this issue, 1983–1983
11
Grantham v. Wainwrightgreen
fladistctapp · 1972 · cited in 1 Florida opinions naming this issue, 1974–1974
11
Paul Bros. v. Long Branch & Lakeside Special Road & Bridge Districtgreen
fla · 1922 · cited in 1 Florida opinions naming this issue, 1925–1925
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 (39)

CaseCitedYears
California v. Prysock green
scotus · 1981
2 sentences

2007In California v. Prysock, 453 U.S. 355, 359 , 101 S.Ct. 2806 , 69 L.Ed.2d 696 (1981), the Court, pointing to the reference in Miranda to “a fully effective equivalent,” stated that “Miranda itself indicated that no talismanic incantation was required to satisfy its strictures.” The Prysock Court rejected any suggestion of a “desirable rigidity in the form of the required warnings.” Id.

2007In California v. Prysock, 453 U.S. 355, 359 , 101 S.Ct. 2806 , 69 L.Ed.2d 696 (1981), the Court, pointing to the reference in Miranda to “a fully effective equivalent,” stated that “Miranda itself indicated that no talismanic incantation was required to satisfy its strictures.” The Prysock Court rejected any suggestion of a “desirable rigidity in the form of the required warnings.” Id.

41983–2007
Chiquita Kiara Floyd v. Stacy L. Smith, Jason Owen Smith green
fladistctapp · 2015
2 sentences

2020In Floyd, the First District considered whether a proposal for settlement had to contain “a certificate of service in the form required by rule 1.080.” Floyd, 160 So. 3d at 569 (quoting Fla. R.

2019In Floyd , the First District considered whether a proposal for settlement had to contain "a certificate of service in the form required by rule 1.080." Floyd , 160 So.3d at 569 (quoting Fla. R.

32017–2020
Lamb v. Matetzschk green
fla · 2005
2 sentences

2007Thus, Lamb v. Matetzschk, 906 So.2d 1037 (Fla.2005), adopted a bright line rule concerning the form of a rule 1.442 proposal for settlement.

2007The goal is to "strictly construe provisions to create rules that are clear-cut and easy to apply." Stowe, 937 So.2d at 158 ; see also Saia Motor Freight Line, Inc., 930 So.2d at 600 (describing rule 1.525 as establishing "a bright-line time requirement for motions for costs and attorney fees"); Wilson v. Salamon, 923 So.2d 363, 367 (Fla. 2005) (interpreting rule 1.420(e) "by its plain meaning" to "further the purpose of decreasing litigation over the purpose of the rule and fostering the smooth administration of the trial court's docket"); Lamb v. Matetzschk, 906 So.2d 1037 (Fla. 2005) (adopt

32006–2007
Espinosa v. Florida green
scotus · 1992
2 sentences

1994Green did not object at trial to the form of the instruction, which is necessary to preserve a claim under Espinosa v. Florida, ___ U.S. ___, 112 S.Ct. 2926 , 120 L.Ed.2d 854 (1992).

1994Green did not object at trial to the form of the instruction, which is necessary to preserve a claim under Espinosa v. Florida, ___ U.S. ___, 112 S.Ct. 2926 , 120 L.Ed.2d 854 (1992).

31992–1994
Hodges v. Florida neutral
scotus · 1993
2 sentences

2005This Court has repeatedly held that "[t]he contemporaneous objection rule applies to Espinosa error, i.e., a specific objection on the form of the instruction must be made to the trial court to preserve the issue for appeal." Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied 510 U.S. 996 , 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993); see also Nelson v. State, 850 So.2d 514, 525 (Fla.), cert. denied, 540 U.S. 1091 , 124 S.Ct. 961 , 157 L.Ed.2d 797 (2003); Melendez v. State, 612 So.2d 1366 (Fla.1992).

1994Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied, ___ U.S. ___, 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993).

21994–2005
Melendez v. State green
fla · 1992
2 sentences

2005This Court has repeatedly held that "[t]he contemporaneous objection rule applies to Espinosa error, i.e., a specific objection on the form of the instruction must be made to the trial court to preserve the issue for appeal." Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied 510 U.S. 996 , 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993); see also Nelson v. State, 850 So.2d 514, 525 (Fla.), cert. denied, 540 U.S. 1091 , 124 S.Ct. 961 , 157 L.Ed.2d 797 (2003); Melendez v. State, 612 So.2d 1366 (Fla.1992).

1993E.g., Thompson v. State, 619 So.2d 261 (Fla. 1993); Burns v. State, 609 So.2d 600 (Fla. 1992); Melendez v. State, 612 So.2d 1366 (Fla. 1992); see Sochor v. Florida, ___ U.S. ___, 112 S.Ct. 2114 , 119 L.Ed.2d 326 (1992).

21993–2005
Miranda v. Arizona green
scotus · 1966
2 sentences

1993James did not object to the form of that instruction, and his current argument as to its validity is procedurally barred. [4] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966)

1993James did not object to the form of that instruction, and his current argument as to its validity is procedurally barred. [4] Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966)

21993–2004
Bradley v. State neutral
fladistctapp · 1979
2 sentences

1989E.g., State v. Hogan, 451 So.2d 844, 845 (Fla. 1984) ("a capital case is one where death is a possible penalty"); Lowe v. Stack, 326 So.2d 1 (Fla. 1974) (first degree murder requires indictment rather than information); Bradley v. State, 374 So.2d 1154 (Fla. 3d DCA 1979) (same); State ex rel.

1989E.g., State v. Hogan, 451 So.2d 844, 845 (Fla.1984) (“a capital case is one where death is a possible penalty”); Lowe v. Stack, 326 So.2d 1 (Fla.1974) (first degree murder requires indictment rather than information); Bradley v. State, 374 So.2d 1154 (Fla. 3d DCA 1979) (same); State ex rel.

21989–1989
Lowe v. Stack neutral
fla · 1975
2 sentences

1989E.g., State v. Hogan, 451 So.2d 844, 845 (Fla. 1984) ("a capital case is one where death is a possible penalty"); Lowe v. Stack, 326 So.2d 1 (Fla. 1974) (first degree murder requires indictment rather than information); Bradley v. State, 374 So.2d 1154 (Fla. 3d DCA 1979) (same); State ex rel.

1989E.g., State v. Hogan, 451 So.2d 844, 845 (Fla.1984) (“a capital case is one where death is a possible penalty”); Lowe v. Stack, 326 So.2d 1 (Fla.1974) (first degree murder requires indictment rather than information); Bradley v. State, 374 So.2d 1154 (Fla. 3d DCA 1979) (same); State ex rel.

21989–1989
Rutherford v. Moore green
fla · 2000
1 sentence

2020In response to the prosecutor asking whether defense counsel was not asking specific questions “because you’re worried [Appellant’s] going to commit perjury,” defense counsel answered “I’m not saying that.” The sidebar only involved discussion as to the form in which defense counsel could present Appellant’s testimony, a “purely legal matter[].” Rutherford, 774 So. 2d at 647 .

12020–2020
Allen v. State green
fladistctapp · 2013
1 sentence

2020We agree. i. The circuit court correctly followed the Third District’s decision in Detournay v. City of Coral Gables, 127 So. 3d 869 (Fla. 3d DCA 2013).

12020–2020
Stowe v. UNIVERSAL PROPERTY & CAS. INS. CO. green
fladistctapp · 2006
1 sentence

2007The goal is to "strictly construe provisions to create rules that are clear-cut and easy to apply." Stowe, 937 So.2d at 158 ; see also Saia Motor Freight Line, Inc., 930 So.2d at 600 (describing rule 1.525 as establishing "a bright-line time requirement for motions for costs and attorney fees"); Wilson v. Salamon, 923 So.2d 363, 367 (Fla. 2005) (interpreting rule 1.420(e) "by its plain meaning" to "further the purpose of decreasing litigation over the purpose of the rule and fostering the smooth administration of the trial court's docket"); Lamb v. Matetzschk, 906 So.2d 1037 (Fla. 2005) (adopt

12007–2007
Smith v. Tennessee green
scotus · 1993
1 sentence

2005This Court has repeatedly held that "[t]he contemporaneous objection rule applies to Espinosa error, i.e., a specific objection on the form of the instruction must be made to the trial court to preserve the issue for appeal." Hodges v. State, 619 So.2d 272, 273 (Fla.), cert. denied 510 U.S. 996 , 114 S.Ct. 560 , 126 L.Ed.2d 460 (1993); see also Nelson v. State, 850 So.2d 514, 525 (Fla.), cert. denied, 540 U.S. 1091 , 124 S.Ct. 961 , 157 L.Ed.2d 797 (2003); Melendez v. State, 612 So.2d 1366 (Fla.1992).

12005–2005
Fuentes v. Shevin green
scotus · 1972
2 sentences

2000Fuentes recognized that although due process requires a hearing prior to a governmental taking depriving one of a "significant property interest," there may be "variances in the form of a hearing `appropriate to the nature of the case.'" Fuentes also held that such hearing should be held "before" the deprivation, "except for extraordinary situations where some valid governmental interest is at stake that justifies postponing the hearing until after the event." Fuentes, 407 U.S. at 81-82 , 92 S.Ct. 1983 .

2000Fuentes recognized that although due process requires a hearing prior to a governmental taking depriving one of a "significant property interest," there may be "variances in the form of a hearing `appropriate to the nature of the case.'" Fuentes also held that such hearing should be held "before" the deprivation, "except for extraordinary situations where some valid governmental interest is at stake that justifies postponing the hearing until after the event." Fuentes, 407 U.S. at 81-82 , 92 S.Ct. 1983 .

12000–2000
Stringer v. Black green
scotus · 1992
11996–1996
Murphy v. Waterfront Commission of New York Harbor red
scotus · 1964
2 sentences

1996Government in substantially the same position as if the witness had claimed his privilege in the absence of a state grant of immunity.” Murphy v. Waterfront Commission, 378 U.S. 52, 79 , 84 S.Ct. 1594, 1610 , 12 L.Ed.2d 678 (1964).

1996Government in substantially the same position as if the witness had claimed his privilege in the absence of a state grant of immunity.” Murphy v. Waterfront Commission, 378 U.S. 52, 79 , 84 S.Ct. 1594, 1610 , 12 L.Ed.2d 678 (1964).

11996–1996
Crump v. State green
fla · 1995
11996–1996
United States v. Rainford T. Thompson green
ca2 · 1994
11995–1995
Cardona v. Florida green
scotus · 1995
11995–1995
Mehl v. State green
fla · 1993
11994–1994
State v. DiGuilio green
fla · 1986
11994–1994
Walker v. State green
fladistctapp · 1991
11993–1993
Burns v. State green
fla · 1992
11993–1993
Waite v. Waite green
fla · 1993
11993–1993
Thompson v. State green
fla · 1993
11993–1993
cluster 557872 green
ca11 · 1991
11992–1992
Rojas v. State green
fla · 1989
11991–1991
Burley Clifton Harryman v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent green
ca5 · 1980
11983–1983
ADAMS PACKING ASS'N, INC. v. Florida Dept. of Citrus green
fladistctapp · 1977
11979–1979
State, Dept. of Adm., Etc. v. State, Dept. of Adm., Etc. green
fladistctapp · 1976
11979–1979
Department of Rev. of Fla. v. Young American Bldrs. green
fladistctapp · 1976
11979–1979
Gulf Pines Memorial Park, Inc. v. Oaklawn Memorial Park, Inc. green
fla · 1978
11979–1979
Boone v. Division of Family Services, State Department of Health & Rehabilitative Services green
fladistctapp · 1974
11976–1976
Giles v. Maryland green
scotus · 1967
11973–1973
AB Taff & Sons v. Clark green
fladistctapp · 1959
11971–1971
Novack v. Novack green
fla · 1968
11971–1971
Bedell v. Wilson green
fla · 1955
11967–1967
Gross v. Cohen neutral
fla · 1955
11964–1964
Advertects, Inc. v. Sawyer Industries green
fla · 1955
11964–1964

Statutes the citing opinions construe

FL § 768.79 (5) FL § 921.141 (3)

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.

Where else courts name it

CA 259 (1858–2025) IL 108 (1878–2025) MO 93 (1886–2025) TX 87 (1880–2026) KY 73 (1922–2025) PA 67 (1892–2026) NY 66 (1867–2024) FL 48 (1925–2020) IN 44 (1917–2025) WA 34 (1915–2019) NJ 34 (1898–2025) MA 31 (1923–2025) NC 31 (1903–2021) AL 31 (1859–2015) MS 28 (1923–2019) LA 28 (1904–2024) AZ 27 (1903–2023) OH 26 (1856–2024) MI 26 (1877–2025) MD 25 (1920–2023) OR 25 (1912–2023) IA 25 (1904–2026) NM 24 (1906–2025) CT 20 (1931–2022) WI 19 (1925–2025) AR 19 (1908–2025) ID 17 (1892–2025) SD 17 (1921–2024) CO 16 (1964–2025) WV 15 (1893–2024) TN 15 (1896–2024) GA 14 (1904–2026) KS 13 (1903–2010) DC 13 (1971–2020) VT 13 (1975–2026) OK 11 (1912–2011) NV 11 (1914–2022) VA 10 (1912–2019) WY 9 (1929–2008) NE 9 (1909–1996) DE 9 (1952–2024) MN 8 (1932–2014) ND 7 (1927–2025) MT 6 (1887–1986) UT 6 (1969–2020) HI 5 (1969–2016) ME 5 (1972–2021) AK 5 (1992–2016) SC 3 (1904–1953) RI 2 (1903–1997)

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.

← Caselaw search · G Cite Topics · Brief Check