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5 Florida opinions name it 2 courts 1989–2017 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 |
|---|---|---|
State v. DiGuiliogreen2 sentences1993DiGuilio, 491 So.2d at 1134-35 . 1989Under these circumstances, we find that there is no reasonable possibility that the giving of the erroneous instruction contributed to the conviction, see State v. DiGuilio, 491 So.2d 1129, 1138 (Fla. 1986), and therefore the error was harmless. | 1 | 2 |
State v. Montgomeryyellow2 sentences2017See id. at 257-58 (“Because Montgomery did not contemporaneously object to the manslaughter instruction, we apply a fundamental error analysis here.”). 2017See id. at 257-58 (“Because Montgomery did not contemporaneously object to the manslaughter instruction, we apply a fundamental error analysis here.”). | 1 | 1 |
Curry v. Stategreen1 sentence2011Barros-Dias v. State, 41 So.3d 370 (Fla. 2d DCA 2010); see also Haygood v. State, 54 So.3d 1035 (Fla. 2d DCA) (certifying a question of great public importance seeking to determine if Bams-Dias applies even where the facts do not support a manslaughter by culpable negligence instruction), review granted, 61 So.3d 410 (Fla.2011). | 1 | 1 |
Haygood v. Stategreen1 sentence2011Barros-Dias v. State, 41 So.3d 370 (Fla. 2d DCA 2010); see also Haygood v. State, 54 So.3d 1035 (Fla. 2d DCA) (certifying a question of great public importance seeking to determine if Bams-Dias applies even where the facts do not support a manslaughter by culpable negligence instruction), review granted, 61 So.3d 410 (Fla.2011). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Barros-Dias v. State
green
1 sentence2011Barros-Dias v. State, 41 So.3d 370 (Fla. 2d DCA 2010); see also Haygood v. State, 54 So.3d 1035 (Fla. 2d DCA) (certifying a question of great public importance seeking to determine if Bams-Dias applies even where the facts do not support a manslaughter by culpable negligence instruction), review granted, 61 So.3d 410 (Fla.2011). | 1 | 2011–2011 |
Martinez v. State
green
1 sentence2008But after Martinez , the test appears to be whether, "even if the forcible-felony instruction had not been read to the jury, *1132 the possibility that the jury would have found [Cancel] not guilty ... by reason of self-defense is minimal at best." Martinez, 981 So.2d at 456 . | 1 | 2008–2008 |
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.