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5 Florida opinions name it 1 courts 1988–2003 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 |
|---|---|---|
Carter v. Stategreen2 sentences1989However, that statement, derived from Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985), appears to have been clearly dicta. 1988Carter, 469 So.2d at 196 . | 1 | 2 |
Owens-Corning Fiberglas Corp. v. Cranegreen1 sentence2003Owens[-]Corning Fiberglas Corp. v. Crane, 683 So.2d 552, 554 (Fla. 3d DCA 1996). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tobey v. State
green
2 sentences1990Thomas v. State, 526 So.2d 183 (Fla. 3d DCA), review denied, 536 So.2d 245 (Fla. 1988); Tobey v. State, 533 So.2d 1198 (Fla. 2d DCA 1988), review denied, 542 So.2d 990 (Fla. 1989). 1989Tobey states, "The failure to give an instruction on a defense encompassed within the evidence is fundamental error and reviewable notwithstanding the absence of a requested instruction or an objection." 533 So.2d at 1200 . | 2 | 1989–1990 |
Howard v. State
green
1 sentence1998The defense attorney's efforts at clarification were unsuccessful. [4] Although not relied on by Muteei, Howard v. State, 561 So.2d 1362 (Fla. 3d DCA 1990), reiterates the Thomas conclusion that failure to give an instruction on a defense encompassed within the evidence is fundamental error, reviewable even in the absence of a specifically requested instruction or objection. | 1 | 1998–1998 |
Thomas v. State
green
1 sentence1990Thomas v. State, 526 So.2d 183 (Fla. 3d DCA), review denied, 536 So.2d 245 (Fla. 1988); Tobey v. State, 533 So.2d 1198 (Fla. 2d DCA 1988), review denied, 542 So.2d 990 (Fla. 1989). | 1 | 1990–1990 |
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.