context of a constitutional violation (Florida) · Go Syfert
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context of a constitutional violation in Florida

5 Florida opinions name it 1 courts 2011–2021 1 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
Guzman v. Stategreen
fladistctapp · 2011 · cited in 4 Florida opinions naming this issue, 2011–2021
2 sentences

2014“Because we review [Booth’s] sentence in the context of a constitutional violation, our review is de novo.” Guzman v. State, 68 So.3d 295, 297 (Fla. 4th DCA 2011) (citing Zingale v. Powell, 885 So.2d 277, 280 (Fla.2004)).

2013“A review of a sentence in the context of a constitutional violation is subject to de novo review.” Dempsey v. State, 72 So.3d 258, 262 (Fla. 4th DCA 2011) (citing Guzman v. State, 68 So.3d 295, 296 (Fla. 4th DCA 2011)).

44
Zingale v. Powellgreen
· 2004 · cited in 2 Florida opinions naming this issue, 2011–2014
2 sentences

2014“Because we review [Booth’s] sentence in the context of a constitutional violation, our review is de novo.” Guzman v. State, 68 So.3d 295, 297 (Fla. 4th DCA 2011) (citing Zingale v. Powell, 885 So.2d 277, 280 (Fla.2004)).

2011Zingale v. Powell, 885 So.2d 277, 280 (Fla.2004).

22
Dempsey v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013“A review of a sentence in the context of a constitutional violation is subject to de novo review.” Dempsey v. State, 72 So.3d 258, 262 (Fla. 4th DCA 2011) (citing Guzman v. State, 68 So.3d 295, 296 (Fla. 4th DCA 2011)).

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 (2)

CaseCitedYears
Miller v. Alabama green
scotus · 2012
1 sentence

2014In Miller,- the Supreme Court- held that “the Eighth Amendment forbids a sentenc *408 ing scheme that mandates life in prison without possibility of parole for juvenile offenders.” 132 S.Ct. at 2469 .

12014–2014
Solem v. Helm red
scotus · 1983
2 sentences

2013“Reviewing courts, of course, should grant substantial deference to the broad authority that legislatures necessarily possess in determining the types and limits of punishments for crimes, as well as to the discretion that trial courts possess in sentencing convicted criminals.” Solem v. Helm, 463 U.S. 277, 290 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983).

2013“Reviewing courts, of course, should grant substantial deference to the broad authority that legislatures necessarily possess in determining the types and limits of punishments for crimes, as well as to the discretion that trial courts possess in sentencing convicted criminals.” Solem v. Helm, 463 U.S. 277, 290 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983).

12013–2013

Statutes the citing opinions construe

FL § 775.082 (4)

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

MI 8 (2003–2024) MO 6 (2000–2018) NJ 6 (1997–2022) GA 6 (1989–2026) TX 6 (1988–2018) WA 6 (1999–2019) FL 5 (2011–2021) IL 4 (2024–2026) PA 4 (1995–2014) IA 4 (2009–2024) WI 4 (1985–2024) OR 3 (1999–2010) NY 3 (1992–1995) AZ 2 (1986–2006) NC 2 (1997–2012) CA 2 (2016–2018) VA 2 (2004–2004) HI 2 (1997–2013) OK 2 (2014–2014) CO 2 (2005–2012) WY 2 (1992–2006)

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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