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5 Florida opinions name it 2 courts 1982–2008 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 |
|---|---|---|
State v. Williamsgreen2 sentences2008In State v. Williams, 444 So.2d 13, 15 (Fla.1984), however, we held that the "presumption of lawful custody exists" when the State proves that a person is confined in a prison and that the "unlawfulness of the confinement is an affirmative defense to be raised by the defendant." In this case, there was ample evidence that at the time of the murder and escape Smith was a prisoner at CCI. 1999See State v. Williams, 444 So.2d 13 (Fla.1984). | 3 | 3 |
Baeumel v. Stategreen2 sentences1984See Baeumel, 26 Fla. at 75 , 7 So. at 372. 1982In fact, since the word “lawful” is not contained in section 944.40, which defines the crime of escape, and is contained only in the ancillary definition of the word “prisoner,” it could reasonably be argued that the unlawfulness of the confinement is an affirmative defense to be raised by the defendant under the language in Baeumel v. State, 26 Fla. 71 , 7 So. 371 (1890), which stated the correct test to be: [I]f there is an exception in the enacting clause, the party pleading must show that his adversary is not within the exception; but, if there be an exception in a subsequent clause, or su | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
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.