Jackson motion (Florida) · Go Syfert
← Florida issues

Jackson motion in Florida

48 Florida opinions name it 2 courts 1974–2025 4 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 (27)

CaseFollowedCited
Finney v. Stategreen
fladistctapp · 1982 · cited in 2 Florida opinions naming this issue, 1983–1983
2 sentences

1983See Finney v. State, 420 So.2d 639 (Fla. 3d DCA 1982) (en banc) (reiterating the Jackson rule).

1983See Finney v. State, 420 So.2d 639 (Fla. 3d DCA 1982) (en banc) (reiterating the Jackson rule).

22
Jackson v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024See Jackson v. State, 914 So. 2d 30 , 32–33 (Fla. 2d DCA 2005) (rejecting the State’s argument that the appellant waived the Nelson issue by not moving to discharge defense counsel again before the start of trial where the appellant filed a motion seeking a hearing, he took steps to bring the motion to the trial court’s attention, and the trial court ruled on the motion and explaining that “[o]nce the trial court ruled on Jackson’s motion, 2 he was not required to repeatedly bring the issue to the trial court’s attention in hopes of receiving a different ruling”).

11
Brantley v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2017–2017
2 sentences

2017See Brantley v. State, 32 So.3d 89, 90 (Fla. 2d DCA 2009) (noting that the time to seek relief under rule 3.850 had- not yet run and that the motion contained the oath required by the rule).

2017As we explained in Blocker, although the evidence that the postconviction court cited in its order denying Jackson’s rule 3.800(a) motion provided a reasonable basis to conclude that a factual question existed with regard to the trial court’s oral pronouncement, “such postconviction disputes can be resolved only after an evidentiary hearing.” Blocker, 968 So.2d at 693-94 ; see also Brantley, 32 So.3d at 90 (stating that “[a] careful examination of the record reveals a reasonable basis to question the accuracy of the transcript of the sentencing hearing, thus creating a disputed issue of fact”

11
Bassallo v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Cf. Alexander v. State, 121 So.3d 1185, 1189 (Fla. 1st DCA 2013) (finding fundamental error in the inclusion of the words “the injury” in the self-defense-jury instruction in an aggravated assault casé where the defendant fired a warning shot); Garrido v. State, 97 So.3d 291, 294-95 (Fla. 4th DCA 2012) (holding that it was fundamental error to include the word “injury” in the justifiable use of nondeadly force jury instruction in an aggravated assault case where there was no injury to the victim); Brown v. State, 59 So.3d 1217, 1218 (Fla. 4th DCA 2011) (determining that it was fundamental erro

11
Brown v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Cf. Alexander v. State, 121 So.3d 1185, 1189 (Fla. 1st DCA 2013) (finding fundamental error in the inclusion of the words “the injury” in the self-defense-jury instruction in an aggravated assault casé where the defendant fired a warning shot); Garrido v. State, 97 So.3d 291, 294-95 (Fla. 4th DCA 2012) (holding that it was fundamental error to include the word “injury” in the justifiable use of nondeadly force jury instruction in an aggravated assault case where there was no injury to the victim); Brown v. State, 59 So.3d 1217, 1218 (Fla. 4th DCA 2011) (determining that it was fundamental erro

11
Garrido v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Cf. Alexander v. State, 121 So.3d 1185, 1189 (Fla. 1st DCA 2013) (finding fundamental error in the inclusion of the words “the injury” in the self-defense-jury instruction in an aggravated assault casé where the defendant fired a warning shot); Garrido v. State, 97 So.3d 291, 294-95 (Fla. 4th DCA 2012) (holding that it was fundamental error to include the word “injury” in the justifiable use of nondeadly force jury instruction in an aggravated assault case where there was no injury to the victim); Brown v. State, 59 So.3d 1217, 1218 (Fla. 4th DCA 2011) (determining that it was fundamental erro

11
Alexander v. Stategreen
fladistctapp · 2013 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015Cf. Alexander v. State, 121 So.3d 1185, 1189 (Fla. 1st DCA 2013) (finding fundamental error in the inclusion of the words “the injury” in the self-defense-jury instruction in an aggravated assault casé where the defendant fired a warning shot); Garrido v. State, 97 So.3d 291, 294-95 (Fla. 4th DCA 2012) (holding that it was fundamental error to include the word “injury” in the justifiable use of nondeadly force jury instruction in an aggravated assault case where there was no injury to the victim); Brown v. State, 59 So.3d 1217, 1218 (Fla. 4th DCA 2011) (determining that it was fundamental erro

11
Durousseau v. Stategreen
fla · 2010 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012This argument is without merit. “[W]hen there is an inconsistency between the defendant’s theory of innocence and the evidence, ... the question is one for the finder of fact to resolve and the motion for judgment of acquittal must be denied.” Durousseau v. State, 55 So.3d 543, 557 (Fla.2010), cert. denied, - U.S. -, 132 S.Ct. 149 , 181 L.Ed.2d 66 (2011).

11
Thomas v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2012–2012
11
Owens v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2011–2011
11
Montejo v. Louisianagreen
scotus · 2009 · cited in 1 Florida opinions naming this issue, 2010–2010
11
Way v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2009–2009
11
Jackson v. Stategreen
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2008–2008
11
Davis v. Stategreen
fla · 2005 · cited in 1 Florida opinions naming this issue, 2008–2008
11
Frederick v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2007–2007
11
Moore v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2007–2007
11
MJS v. Stategreen
fladistctapp · 1980 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Gamble v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 2004–2004
11
Jones v. Stategreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 2003–2003
11
McGuire v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2001–2001
11
Jackson v. Florida Dept. of Correctionsgreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2001–2001
11
Crowley v. Stategreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 2000–2000
11
Jackson v. Stategreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 1998–1998
11
Crump v. Stategreen
fla · 1995 · cited in 1 Florida opinions naming this issue, 1996–1996
11
State v. DiGuiliogreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 1996–1996
11
Brown v. Statered
fla · 1990 · cited in 1 Florida opinions naming this issue, 1994–1994
11
Klokoc v. Stategreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 1994–1994
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 (53)

CaseCitedYears
Ring v. Arizona green
scotus · 2002
2 sentences

2012Jackson’s claims of error are as follows: (1) the trial court erred in admitting Jackson's recorded custodial interrogation into evidence in the State’s case-in-chief; (2) the trial court erred in denying Jackson’s motion for a judgment of acquittal on the charge of sexual battery; (3) the trial court erred by finding, as an aggravator given great weight, that Jackson was under a sentence of imprisonment, placed on community control, or on felony probation at the time of the murder; (4) the trial court erred in denying Jackson’s request to instruct the jury that Jackson faced a life sentence i

2012Jackson’s claims of error are as follows: (1) the trial court erred in admitting Jackson's recorded custodial interrogation into evidence in the State’s case-in-chief; (2) the trial court erred in denying Jackson’s motion for a judgment of acquittal on the charge of sexual battery; (3) the trial court erred by finding, as an aggravator given great weight, that Jackson was under a sentence of imprisonment, placed on community control, or on felony probation at the time of the murder; (4) the trial court erred in denying Jackson’s request to instruct the jury that Jackson faced a life sentence i

32009–2013
Village of Willowbrook v. Olech green
scotus · 2000
2 sentences

2025There, the respondent brought a “class of one” claim against the Village, and the Supreme Court held that her allegations were “sufficient to state a claim for relief under traditional equal protection analysis.” Id. at 564-65 .

2025There, the respondent brought a “class of one” claim against the Village, and the Supreme Court held that her allegations were “sufficient to state a claim for relief under traditional equal protection analysis.” Id. at 564-65 .

22025–2025
Village of Arlington Heights v. Metropolitan Housing Development Corp. green
scotus · 1977
2 sentences

2025Arlington Heights stands for the proposition that “[p]roof of racially discriminatory intent or purpose is required to show a violation of the Equal Protection Clause.” 429 U.S. at 265 .

2025Arlington Heights stands for the proposition that “[p]roof of racially discriminatory intent or purpose is required to show a violation of the Equal Protection Clause.” 429 U.S. at 265 .

22025–2025
Williams v. State green
fla · 1959
2 sentences

2004Jackson argues that the testimony had no valid probative value and only tended to show bad character or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400 So.2d 1217 (Fla.1981); Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959).

1984Jackson's defense counsel interrupted the testimony to object to the line of questioning on relevancy grounds, and was overruled. [1] Jackson argues that the testimony had no valid probative value and only tended to show bad character or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400 So.2d 1217 (Fla. 1981); Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959). [2] *461 Before addressing the merits of this point, we must deal with the state's contention that defense counsel failed to raise a c

21984–2004
White v. Illinois green
scotus · 1959
2 sentences

2004Jackson argues that the testimony had no valid probative value and only tended to show bad character or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400 So.2d 1217 (Fla.1981); Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959).

1984Jackson's defense counsel interrupted the testimony to object to the line of questioning on relevancy grounds, and was overruled. [1] Jackson argues that the testimony had no valid probative value and only tended to show bad character or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400 So.2d 1217 (Fla. 1981); Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959). [2] *461 Before addressing the merits of this point, we must deal with the state's contention that defense counsel failed to raise a c

21984–2004
Vivona v. Conboy green
scotus · 1959
2 sentences

2004Jackson argues that the testimony had no valid probative value and only tended to show bad character or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400 So.2d 1217 (Fla.1981); Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959).

1984Jackson's defense counsel interrupted the testimony to object to the line of questioning on relevancy grounds, and was overruled. [1] Jackson argues that the testimony had no valid probative value and only tended to show bad character or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400 So.2d 1217 (Fla. 1981); Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959). [2] *461 Before addressing the merits of this point, we must deal with the state's contention that defense counsel failed to raise a c

21984–2004
Drake v. State green
fla · 1981
2 sentences

2004Jackson argues that the testimony had no valid probative value and only tended to show bad character or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400 So.2d 1217 (Fla.1981); Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959).

1984Jackson's defense counsel interrupted the testimony to object to the line of questioning on relevancy grounds, and was overruled. [1] Jackson argues that the testimony had no valid probative value and only tended to show bad character or propensity, and therefore is inadmissible. § 90.404(2)(a), Fla. Stat. (1979); Drake v. State, 400 So.2d 1217 (Fla. 1981); Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847 , 80 S.Ct. 102 , 4 L.Ed.2d 86 (1959). [2] *461 Before addressing the merits of this point, we must deal with the state's contention that defense counsel failed to raise a c

21984–2004
Brown v. State green
fladistctapp · 2008
1 sentence

2025In Brown v. State, 994 So. 2d 480 (Fla. 1st DCA 2008), the First District Court of Appeal considered whether the trial court’s reliance on acquittals by reason of insanity in crafting an appropriate sentence constituted a sentencing error.

12025–2025
James Ernest Hitchcock v. State of Florida green
fla · 2017
1 sentence

2018This Court stayed Jackson's appeal pending the disposition of Hitchcock v. State , 226 So.3d 216 (Fla. 2017), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017).

12018–2018
Allen v. United States green
scotus · 2017
1 sentence

2018This Court stayed Jackson's appeal pending the disposition of Hitchcock v. State , 226 So.3d 216 (Fla. 2017), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017).

12018–2018
Sedlak v. Smith green
scotus · 2017
1 sentence

2018This Court stayed Jackson's appeal pending the disposition of Hitchcock v. State , 226 So.3d 216 (Fla. 2017), cert. denied , --- U.S. ----, 138 S.Ct. 513 , 199 L.Ed.2d 396 (2017).

12018–2018
Hurst v. Florida green
scotus · 2016
2 sentences

2018V, § 3(b)(1), Fla. Const. Jackson's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).

2018V, § 3(b)(1), Fla. Const. Jackson's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).

12018–2018
Gary Czajkowski v. State of Florida red
fla · 2016
1 sentence

2018V, § 3(b)(1), Fla. Const. Jackson's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).

12018–2018
Cleveland v. Sharp green
scotus · 2017
1 sentence

2018V, § 3(b)(1), Fla. Const. Jackson's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).

12018–2018
Florida v. Hurst red
scotus · 2017
1 sentence

2018V, § 3(b)(1), Fla. Const. Jackson's motion sought relief pursuant to the United States Supreme Court's decision in Hurst v. Florida , --- U.S. ----, 136 S.Ct. 616 , 193 L.Ed.2d 504 (2016), and our decision on remand in Hurst v. State ( Hurst ), 202 So.3d 40 (Fla. 2016), cert. denied , --- U.S. ----, 137 S.Ct. 2161 , 198 L.Ed.2d 246 (2017).

12018–2018
Blocker v. State green
fladistctapp · 2007
2 sentences

2017In light of the State’s concession and this court’s decision in Blocker v. State, 968 So.2d 686 (Fla. 2d DCA 2007), we *349 reverse and remand for consideration of Jackson’s motion pursuant to Florida Rule of Criminal Procedure 3.850.

2017As we explained in Blocker, although the evidence that the postconviction court cited in its order denying Jackson’s rule 3.800(a) motion provided a reasonable basis to conclude that a factual question existed with regard to the trial court’s oral pronouncement, “such postconviction disputes can be resolved only after an evidentiary hearing.” Blocker, 968 So.2d at 693-94 ; see also Brantley, 32 So.3d at 90 (stating that “[a] careful examination of the record reveals a reasonable basis to question the accuracy of the transcript of the sentencing hearing, thus creating a disputed issue of fact”

12017–2017
Strickland v. Washington green
scotus · 1984
2 sentences

2016In Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the United States Supreme Court held that a defendant alleging ineffective assistance of counsel must prove both deficient performance of counsel and prejudice to the defendant.

2016In Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), the United States Supreme Court held that a defendant alleging ineffective assistance of counsel must prove both deficient performance of counsel and prejudice to the defendant.

12016–2016
Smith v. Petty neutral
ala · 1987
1 sentence

2015Jackson v. State, 514 So.2d 866 (Fla. 3d DCA 1987).

12015–2015
Richardson v. State green
fla · 1971
1 sentence

2014Specifically, Jackson’s motion for postcon-viction relief alleged: (1) trial counsel was ineffective for failing to call Curtis Lewis during the guilt phase because Lewis would have testified that he saw the victim after the State alleged that she disappeared and had been killed; (2) trial counsel was ineffective for failing to question prospective jurors during voir dire in order to uncover those prospective jurors who were unable to give meaningful consideration to mitigating evidence; (3) trial counsel was ineffective for failing to object and request a Richardson inquiry, see Richardson v.

12014–2014
Brady v. Maryland green
scotus · 1963
2 sentences

2014Pound Laboratory and Dr. Jan Westberty; (9) trial counsel was ineffective for failing to object or limit the opinion testimony of the medical examiner that the victim’s death was a homicide; (10) trial counsel was ineffective for failing to consult with an expert, such as a forensic scientist, to assess the evidence and *478 the crime scene investigation in Jackson’s case; (11) trial counsel was ineffective for failing to adequately investigate the victim’s background as to being an informant for the Metropolitan Bureau of Investigation (MBI) through publically available resources; (12) trial

2014Pound Laboratory and Dr. Jan Westberty; (9) trial counsel was ineffective for failing to object or limit the opinion testimony of the medical examiner that the victim’s death was a homicide; (10) trial counsel was ineffective for failing to consult with an expert, such as a forensic scientist, to assess the evidence and *478 the crime scene investigation in Jackson’s case; (11) trial counsel was ineffective for failing to adequately investigate the victim’s background as to being an informant for the Metropolitan Bureau of Investigation (MBI) through publically available resources; (12) trial

12014–2014
Spencer v. State green
fla · 1993
1 sentence

2014Id. at 526 n. 9. 4 .

12014–2014
Jackson v. State green
fla · 2009
1 sentence

2013Jackson, 18 So.3d at 1029 .

12013–2013
Durousseau v. Florida green
scotus · 2011
12012–2012
Strickler v. Greene green
scotus · 1999
12009–2009
Hunter v. State green
fla · 2008
12009–2009
Gettel v. State green
fladistctapp · 1984
12005–2005
Jackson v. State green
fladistctapp · 2001
12005–2005
Jackson v. State green
fladistctapp · 2005
12005–2005
Hitchcock v. Dugger green
scotus · 1987
12001–2001
Batson v. Kentucky green
scotus · 1986
12001–2001
Jackson v. State green
fla · 1984
12001–2001
Jackson v. State green
fladistctapp · 1997
12000–2000
Sinks v. State green
fla · 1995
12000–2000
Whitmore Ex Rel. Simmons v. Arkansas green
scotus · 1990
11997–1997
Vazquez v. State neutral
fladistctapp · 1994
11997–1997
Jackson v. State green
fladistctapp · 1994
11995–1995
Espinosa v. Florida green
scotus · 1992
11994–1994
Walls v. State green
fla · 1994
11994–1994
Finrock Industries v. Sineni neutral
fladistctapp · 1992
11994–1994
Daniels v. State green
fladistctapp · 1984
11994–1994

Statutes the citing opinions construe

FL § 921.141 (8) FL § 90.403 (3) FL § 90.404 (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

TX 1685 (1973–2026) LA 1196 (1972–2026) IL 146 (1969–2026) GA 81 (1971–2026) CA 63 (1969–2026) FL 48 (1974–2025) OH 43 (1989–2026) WA 34 (1980–2025) AL 34 (1987–2025) MS 27 (1977–2024) PA 23 (1992–2026) VA 22 (1976–2024) NY 18 (1909–2025) WI 18 (1999–2026) DE 16 (1994–2024) IN 14 (2008–2023) DC 14 (1987–2026) MD 13 (1957–2022) MO 13 (1980–2024) AR 12 (1948–2020) TN 11 (1996–2020) MI 11 (1976–2021) NV 10 (1968–2018) MA 10 (1984–2026) IA 9 (2014–2026) OK 8 (1987–2016) ID 8 (1990–2022) AZ 8 (1965–2019) MT 7 (1981–2018) MN 7 (1980–2024) KS 6 (1997–2024) AK 5 (1982–2016) KY 5 (2005–2023) CO 4 (1998–2025) WY 4 (1988–2023) SC 4 (2012–2025) WV 4 (1992–2023) NE 4 (1998–2026) CT 4 (1983–2022) NJ 3 (1977–2021) ME 3 (1968–1997) HI 3 (1984–2001) NM 3 (1989–2003) OR 3 (1994–2010) UT 2 (2003–2003)

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