heat of passion defense (Florida) · Go Syfert
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heat of passion defense in Florida

5 Florida opinions name it 2 courts 2017–2026 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 (8)

CaseFollowedCited
Daley v. Stategreen
fladistctapp · 2007 · cited in 2 Florida opinions naming this issue, 2018–2019
2 sentences

2019Daley, 957 So. 2d at 18 (quoting Disney v. State, 72 Fla. 492, 502 , 73 So. 598, 601 (1916)). 4 As to the killing of Bianca McNair in this case, the evidence does not come close to supporting a heat of passion defense.

2018See, e.g., Douglas v. State, 652 So. 2d 887 (Fla. 4th DCA 1995) (marital squabbles do not constitute reasonable provocation required for the heat of passion defense); Daley v. State, 957 So. 2d 17, 18 (Fla. 4th DCA 2007) (an argument alone will not support the heat of passion defense).

12
Rivers v. Stategreen
fla · 1918 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See Whidden v. State, 59 So. 561 , 561 (Fla. 1912); Rivers v. State, 78 So. 343, 345 (Fla. 1918).

11
Archer v. Stategreen
fla · 1993 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019“For an issue to be preserved for appeal . . . it ‘must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation if it is to be considered preserved.’” Archer v. State, 613 So. 2d 446, 448 (Fla. 1993) (quoting Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985)).

11
Spencer v. Stategreen
fla · 1994 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Spencer v. State, 645 So. 2d 377, 381 (Fla. 1994) (holding that evidence that the defendant parked away from the victim’s house on the day of the killing, wore plastic gloves during attack, and carried a steak knife in his pocket, was inconsistent with a heat-of-passion killing).

11
Bernal v. Christiana Trustgreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See Augustin v. State, 244 So. 3d 336, 337 (Fla. 4th DCA 2018) (“The trial court erred in giving the heat of passion instruction where there was no evidence to support it.”).

11
Tillman v. Stategreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019“For an issue to be preserved for appeal . . . it ‘must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation if it is to be considered preserved.’” Archer v. State, 613 So. 2d 446, 448 (Fla. 1993) (quoting Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985)).

11
Disney v. Stategreen
fla · 1916 · cited in 1 Florida opinions naming this issue, 2019–2019
2 sentences

2019Daley, 957 So. 2d at 18 (quoting Disney v. State, 72 Fla. 492, 502 , 73 So. 598, 601 (1916)). 4 As to the killing of Bianca McNair in this case, the evidence does not come close to supporting a heat of passion defense.

2019Daley, 957 So. 2d at 18 (quoting Disney v. State, 72 Fla. 492, 502 , 73 So. 598, 601 (1916)). 4 As to the killing of Bianca McNair in this case, the evidence does not come close to supporting a heat of passion defense.

11
Douglas v. Stategreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2018–2018
2 sentences

2018See, e.g., Douglas v. State, 652 So. 2d 887 (Fla. 4th DCA 1995) (marital squabbles do not constitute reasonable provocation required for the heat of passion defense); Daley v. State, 957 So. 2d 17, 18 (Fla. 4th DCA 2007) (an argument alone will not support the heat of passion defense).

2018See, e.g., Douglas v. State, 652 So. 2d 887 (Fla. 4th DCA 1995) (marital squabbles do not constitute reasonable provocation required for the heat of passion defense); Daley v. State, 957 So. 2d 17, 18 (Fla. 4th DCA 2007) (an argument alone will not support the heat of passion defense).

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 (1)

CaseCitedYears
Koon v. Dugger green
fla · 1993
1 sentence

2017Koon v. Dugger, 619 So.2d 246 (Fla. 1993). .

12017–2017

Where else courts name it

CA 159 (1976–2026) PA 39 (1992–2026) VA 26 (1993–2026) CO 24 (1992–2026) MS 16 (1997–2024) MN 8 (1988–2024) KS 7 (1993–2020) AK 6 (1984–2012) FL 5 (2017–2026) NY 4 (1975–1993) NC 4 (1994–2019) OR 3 (1982–2017) OK 2 (1993–2007) AL 2 (1982–2013) WI 2 (1983–2010) UT 2 (1988–2011)

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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