argument that the jury instruction (Florida) · Go Syfert
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argument that the jury instruction in Florida

5 Florida opinions name it 2 courts 2006–2025 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 (3)

CaseFollowedCited
Gilliam v. Stategreen
fla · 1991 · cited in 4 Florida opinions naming this issue, 2021–2025
2 sentences

2025See Dillbeck v. State, 357 So. 3d 94 , 104-05 (Fla. 2023) (explaining that “the Court has consistently rejected as ‘without merit’ challenges that the HAC aggravator is ‘overbroad, vague, and fail[s] to narrow the class of persons eligible for the death penalty’ ” (quoting Card v. State, 803 So. 2d 613, 628 (Fla. 2001)); Cruz, 320 So. 3d at 731 (“declin[ing] to revisit” precedent “rejecting as meritless the argument that the jury instruction on HAC is unconstitutionally vague” (citing Gilliam v. State, 582 So. 2d 610, 612 (Fla. 1991))). - 38 - Finally, we have consistently rejected Fletcher’s

2025See Dillbeck v. State, 357 So. 3d 94 , 104-05 (Fla. 2023) (explaining that “the Court has consistently rejected as ‘without merit’ challenges that the HAC aggravator is ‘overbroad, vague, and fail[s] to narrow the class of persons eligible for the death penalty’ ” (quoting Card v. State, 803 So. 2d 613, 628 (Fla. 2001)); Cruz, 320 So. 3d at 731 (“declin[ing] to revisit” precedent “rejecting as meritless the argument that the jury instruction on HAC is unconstitutionally vague” (citing Gilliam v. State, 582 So. 2d 610, 612 (Fla. 1991))). - 38 - Finally, we have consistently rejected Fletcher’s

44
Card v. Stategreen
fla · 2001 · cited in 3 Florida opinions naming this issue, 2023–2025
2 sentences

2025See Dillbeck v. State, 357 So. 3d 94 , 104-05 (Fla. 2023) (explaining that “the Court has consistently rejected as ‘without merit’ challenges that the HAC aggravator is ‘overbroad, vague, and fail[s] to narrow the class of persons eligible for the death penalty’ ” (quoting Card v. State, 803 So. 2d 613, 628 (Fla. 2001)); Cruz, 320 So. 3d at 731 (“declin[ing] to revisit” precedent “rejecting as meritless the argument that the jury instruction on HAC is unconstitutionally vague” (citing Gilliam v. State, 582 So. 2d 610, 612 (Fla. 1991))). - 38 - Finally, we have consistently rejected Fletcher’s

2025See Dillbeck v. State, 357 So. 3d 94 , 104-05 (Fla. 2023) (explaining that “the Court has consistently rejected as ‘without merit’ challenges that the HAC aggravator is ‘overbroad, vague, and fail[s] to narrow the class of persons eligible for the death penalty’ ” (quoting Card v. State, 803 So. 2d 613, 628 (Fla. 2001)); Cruz, 320 So. 3d at 731 (“declin[ing] to revisit” precedent “rejecting as meritless the argument that the jury instruction on HAC is unconstitutionally vague” (citing Gilliam v. State, 582 So. 2d 610, 612 (Fla. 1991))). - 38 - Finally, we have consistently rejected Fletcher’s

33
Victorino v. Stategreen
fla · 2009 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023Moreover, the Court has consistently rejected as “without merit” challenges that the HAC aggravator is “overbroad, vague, and fail[s] to narrow the class of persons eligible for the death penalty.” Card v. State, 803 So. 2d 613, 628 (Fla. 2001); see also Cruz v. State, 320 So. 3d 695 , 731 (Fla. 2021) (“declin[ing] to revisit” precedent “rejecting as meritless the argument that the jury instruction on HAC is unconstitutionally vague”) (citing Gilliam v. - 24 - State, 582 So. 2d 610, 612 (Fla. 1991)); Colley v. State, 310 So. 3d 2 , 16 (Fla. 2020) (“declin[ing] to revisit” precedent rejecting t

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 (3)

CaseCitedYears
Knight v. State green
fla · 2005
1 sentence

2021Therefore, we find this testimony relevant.”); Knight v. State, 923 So. 2d 387 , - 72 - 411 (Fla. 2005) (rejecting claims that the prior violent felony aggravating factor is unconstitutionally vague and overbroad); Gilliam, 582 So. 2d at 612 (rejecting as meritless the argument that the jury instruction on HAC is unconstitutionally vague).

12021–2021
State v. Miles green
fla · 2000
1 sentence

2006He appealed those convictions in this court raising several issues, including an argument that the jury instruction on presumption of impairment was invalid under State v. Miles, 775 So.2d 950 (Fla.2000), and that, even though appellant had not objected to the instruction at trial, the erroneous instruction was fundamental error.

12006–2006
Leveritt v. State green
fladistctapp · 2002
1 sentence

2006This court affirmed the DUI manslaughter conviction, vacated the vehicular homicide conviction, and certified a question of great public importance to the Florida Supreme Court as to whether it is fundamental error in a DUI trial to give a jury instruction which is erroneous under Miles. 1 Leveritt v. State, 817 So.2d 891 (Fla. 1st DCA 2002) (Leveritt I).

12006–2006

Statutes the citing opinions construe

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

FL 5 (2006–2025) CA 2 (2004–2013)

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.

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