Daniels instruction (Florida) · Go Syfert
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Daniels instruction in Florida

5 Florida opinions name it 1 courts 1994–2022 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 (2)

CaseFollowedCited
Spears v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006“The burden is on the postcon-viction court to attach portions of the record refuting the rule 3.800(a) claim.” Spears v. State, 920 So.2d 187, 187 (Fla. 2d DCA 2006).

11
Cravero v. Stategreen
fladistctapp · 1977 · cited in 1 Florida opinions naming this issue, 1994–1994
1 sentence

1994See Id.

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
Dermio v. State green
fladistctapp · 2013
1 sentence

2022He noted that he had not committed a traffic violation and that Deputy Bell admitted he had not smelled any alcohol or drugs during the incident. 4 Ultimately, the trial court entered an order denying Daniels' motion, concluding that "during the course of a welfare check[,] law enforcement developed reasonable suspicion to conduct a DUI investigation," citing Dermio v. State, 112 So. 3d 551 (Fla. 2d DCA 2013).

12022–2022
Daniels v. State green
fla · 2013
2 sentences

2015Thereafter, in Daniels v. State, 121 So.3d 409 (Fla.2013), the Florida Supreme Court concluded that, although the manslaughter by act instruction in Daniels differed from the manslaughter by act instruction found to be erroneous and fundamental error in Montgomery , and the Daniels instruction was preliminarily approved by the Florida Supreme Court post-Montgomery, it suffered the same infirmity as the Montgomery instruction, and must suffer the same fate as the erroneous Montgomery instruction.

2015Thereafter, in Daniels v. State, 121 So.3d 409 (Fla.2013), the Florida Supreme Court concluded that, although the manslaughter by act instruction in Daniels differed from the manslaughter by act instruction found to be erroneous and fundamental error in Montgomery , and the Daniels instruction was preliminarily approved by the Florida Supreme Court post-Montgomery, it suffered the same infirmity as the Montgomery instruction, and must suffer the same fate as the erroneous Montgomery instruction.

12015–2015
Whipple v. State green
fladistctapp · 2001
2 sentences

2006We used the same Daniels analysis in Whipple v. State, 789 So.2d 1132 (Fla. 4th DCA 2001), where the revocation of the driver's license was for DUI.

2006We used the same Daniels analysis in Whipple v. State, 789 So.2d 1132 (Fla. 4th DCA 2001), where the revocation of the driver's license was for DUI.

12006–2006

Where else courts name it

CA 61 (1971–2025) GA 12 (1983–2022) IL 11 (2002–2025) PA 8 (1984–2023) TX 7 (1957–2019) FL 5 (1994–2022) IN 5 (1974–2017) NY 5 (1984–2013) MS 4 (2008–2019) MO 4 (1987–2019) OH 4 (1988–2018) MT 4 (2005–2017) WA 3 (2018–2021) NC 3 (1959–2010) NM 2 (2015–2015) IA 2 (2019–2020) RI 2 (1981–1996) MA 2 (2009–2012) NE 2 (1999–2004) AL 2 (1985–2009) DE 2 (2025–2025) HI 2 (2005–2010)

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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