defendant acted in self defense (Florida) · Go Syfert
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defendant acted in self defense in Florida

5 Florida opinions name it 1 courts 2008–2024 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 (5)

CaseFollowedCited
Johnson v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024Cf. id. ("To determine if the defendant acted in self defense, the jury was entitled to hear everything that occurred prior to the shooting . . . ."); Wagner v. State, 921 So. 2d 38, 40 (Fla. 4th DCA 2006) ("A defendant has a constitutional right to present a defense[,] . . . [and] [t]he trial court must protect that right when considering whether to exclude evidence." (quoting Casseus v. State, 902 So. 2d 294 (Fla. 4th DCA 2005)).

11
Wagner v. Stategreen
fladistctapp · 2006 · cited in 1 Florida opinions naming this issue, 2024–2024
1 sentence

2024Cf. id. ("To determine if the defendant acted in self defense, the jury was entitled to hear everything that occurred prior to the shooting . . . ."); Wagner v. State, 921 So. 2d 38, 40 (Fla. 4th DCA 2006) ("A defendant has a constitutional right to present a defense[,] . . . [and] [t]he trial court must protect that right when considering whether to exclude evidence." (quoting Casseus v. State, 902 So. 2d 294 (Fla. 4th DCA 2005)).

11
Williams v. Stategreen
fla · 1983 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015The trial court’s decision will not be disturbed on appeal “unless palpable abuse of this discretion is clearly shown from the record.” Williams v. State, 437 So. 2d 133, 136 (Fla. 1983). 2 Ulysse requested the standard jury instruction as to the justifiable use of non-deadly force, which provides in pertinent part: An issue in this case is whether the defendant acted in self- defense.

11
Smith v. Stategreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008On the other hand, "[e]vidence of the dangerous character of the victim is admissible to show, or as tending to show, that the defendant acted in self defense." Berrios, 781 So.2d at 457 -58 (citing Smith v. State, 606 So.2d 641, 642 (Fla. 1st DCA 1992); § 90.404(1)(b), Fla. Stat. (1999)).

11
Lozano v. Stategreen
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008"The victim's character becomes relevant to resolve an issue as to the reasonableness of the defendant's fear at the time of the incident." Berrios, 781 So.2d at 458 (citing Lozano v. State, 584 So.2d 19, 23 (Fla. 3d DCA 1991), rev. denied, 595 So.2d 558 (Fla.1992)).

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 (4)

CaseCitedYears
Casseus v. State green
fladistctapp · 2005
1 sentence

2024Cf. id. ("To determine if the defendant acted in self defense, the jury was entitled to hear everything that occurred prior to the shooting . . . ."); Wagner v. State, 921 So. 2d 38, 40 (Fla. 4th DCA 2006) ("A defendant has a constitutional right to present a defense[,] . . . [and] [t]he trial court must protect that right when considering whether to exclude evidence." (quoting Casseus v. State, 902 So. 2d 294 (Fla. 4th DCA 2005)).

12024–2024
Griffin v. United States green
scotus · 1991
1 sentence

2015When . . . jurors have been left the option of relying upon a legally inadequate theory, there is no reason to think that their own intelligence and expertise will save them from that error.” (quoting Griffin v. United States, 502 U.S. 46 , 59–60 (1991))). 24 the following reorganization of the applicable provisions of instruction 3.6(f) that were given below: (General Rule) An issue in this case is whether the defendant acted in self- defense.

12015–2015
Smith v. State green
fla · 1988
1 sentence

2008Id.

12008–2008
Berrios v. State green
fladistctapp · 2001
2 sentences

2008On the other hand, "[e]vidence of the dangerous character of the victim is admissible to show, or as tending to show, that the defendant acted in self defense." Berrios, 781 So.2d at 457 -58 (citing Smith v. State, 606 So.2d 641, 642 (Fla. 1st DCA 1992); § 90.404(1)(b), Fla. Stat. (1999)).

2008"The victim's character becomes relevant to resolve an issue as to the reasonableness of the defendant's fear at the time of the incident." Berrios, 781 So.2d at 458 (citing Lozano v. State, 584 So.2d 19, 23 (Fla. 3d DCA 1991), rev. denied, 595 So.2d 558 (Fla.1992)).

12008–2008

Statutes the citing opinions construe

FL § 776.012 (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 (2008–2024) OH 4 (2022–2024) TX 3 (2005–2015) IN 3 (1975–2019) GA 3 (2022–2026) PA 3 (2019–2026) NM 2 (2000–2011) CA 2 (2013–2023) IL 2 (1993–2011) TN 2 (2010–2017)

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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