defendant has asserted defense (Florida) · Go Syfert
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defendant has asserted defense in Florida

5 Florida opinions name it 2 courts 2000–2011 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.

Followed or applied (5)

CaseFollowedCited
Jackson v. Stategreen
fla · 1991 · cited in 3 Florida opinions naming this issue, 2000–2011
2 sentences

2011See Jackson v. State, 575 So.2d 181, 188 (Fla.1991); Lawyer v. State, 627 So.2d 564, 567 (Fla. 4th DCA 1993).

2005Jackson, 575 So.2d at 188 .

13
Conner v. Stategreen
fladistctapp · 2005 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011Unless the circumstances fall within this 'narrow exception,' these matters are not the subject of fair comment, and any comment ‘fairly susceptible’ to being construed as a comment on the failure to mount a defense is impermissible.”) (internal citations omitted); see also Conner v. State, 910 So.2d 313 (Fla. 5th DCA 2005) (improper for prosecutor, during rebuttal closing argument, to comment on defendant’s failure to call two witnesses, where based on defendant’s version of events, it was unlikely that had those witnesses been called, defendant would have asserted defense of alibi, self-defe

11
Lawyer v. Stategreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2011–2011
1 sentence

2011See Jackson v. State, 575 So.2d 181, 188 (Fla.1991); Lawyer v. State, 627 So.2d 564, 567 (Fla. 4th DCA 1993).

11
Goodwin v. Stategreen
fla · 1999 · cited in 1 Florida opinions naming this issue, 2006–2006
1 sentence

2006See id.

11
Rodriguez v. Stategreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005In Rodriguez v. State, 753 So.2d 29, 38-39 (Fla.), cert. denied, 531 U.S. 859 , 121 S.Ct. 145 , 148 L.Ed.2d 96 (2000), the court explained: There is a "narrow exception" to this rule, applicable where the defendant has asserted a defense of alibi, self-defense, or defense of others, relying on facts that could be elicited only from a witness who is not equally available to the State.

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
Antonio Rodriguez v. Florida green
scotus · 2000
1 sentence

2005In Rodriguez v. State, 753 So.2d 29, 38-39 (Fla.), cert. denied, 531 U.S. 859 , 121 S.Ct. 145 , 148 L.Ed.2d 96 (2000), the court explained: There is a "narrow exception" to this rule, applicable where the defendant has asserted a defense of alibi, self-defense, or defense of others, relying on facts that could be elicited only from a witness who is not equally available to the State.

12005–2005
Salazar-Robles v. United States green
scotus · 2000
1 sentence

2005In Rodriguez v. State, 753 So.2d 29, 38-39 (Fla.), cert. denied, 531 U.S. 859 , 121 S.Ct. 145 , 148 L.Ed.2d 96 (2000), the court explained: There is a "narrow exception" to this rule, applicable where the defendant has asserted a defense of alibi, self-defense, or defense of others, relying on facts that could be elicited only from a witness who is not equally available to the State.

12005–2005
Pitts v. Gearinger green
scotus · 2000
1 sentence

2005In Rodriguez v. State, 753 So.2d 29, 38-39 (Fla.), cert. denied, 531 U.S. 859 , 121 S.Ct. 145 , 148 L.Ed.2d 96 (2000), the court explained: There is a "narrow exception" to this rule, applicable where the defendant has asserted a defense of alibi, self-defense, or defense of others, relying on facts that could be elicited only from a witness who is not equally available to the State.

12005–2005

Where else courts name it

FL 5 (2000–2011) TX 3 (1978–2010) CT 3 (2004–2010) MA 3 (1977–2007) IL 2 (2017–2018)

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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