5 Florida opinions name it 2 courts 1982–2004 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 |
|---|---|---|
Downs v. Stategreen1 sentence2004See Hubbard v. State, 773 So.2d 87 (Fla. 2d DCA 2000); see also Downs v. State, 870 So.2d 46 (Fla. 2d DCA 2003). | 1 | 1 |
Hubbard v. Stategreen1 sentence2004See Hubbard v. State, 773 So.2d 87 (Fla. 2d DCA 2000); see also Downs v. State, 870 So.2d 46 (Fla. 2d DCA 2003). | 1 | 1 |
Standard Jury Instructions-Criminal Casesgreen1 sentence1999See Hubbard, 748 So.2d at 291 (citing Standard Jury Instructions-Criminal Cases No. 92-1, 603 So.2d 1175, 1195 (Fla.1992)). | 1 | 1 |
Delahoz v. Stategreen1 sentence1999See Hubbard, 748 So.2d at 291 (citing Standard Jury Instructions-Criminal Cases No. 92-1, 603 So.2d 1175, 1195 (Fla.1992)). | 1 | 1 |
Hubbard v. Duggergreen2 sentences1992Similarly, in Hubbard v. Dugger, 590 So.2d 1031 (Fla. 1st DCA 1991), this court held that the D.O.C. could not rely on an arrest report and a synopsis of the report in the PSI to deny Hubbard provisional credits, finding that “[t]he record contains no evidence of the circumstances of Hubbard’s plea to the offense, nor does it contain any affidavit or otherwise sworn material, substantiating the sketchy statement contained in the field arrest report.” Id. at 1032 (footnote omitted). 1992Similarly, in Hubbard v. Dugger, 590 So.2d 1031 (Fla. 1st DCA 1991), this court held that the D.O.C. could not rely on an arrest report and a synopsis of the report in the PSI to deny Hubbard provisional credits, finding that “[t]he record contains no evidence of the circumstances of Hubbard’s plea to the offense, nor does it contain any affidavit or otherwise sworn material, substantiating the sketchy statement contained in the field arrest report.” Id. at 1032 (footnote omitted). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Burgess v. State
green
1 sentence2004Prior to Burgess v. State, 831 So.2d 137 (Fla.2002), this court held that Mr. Hubbard’s claim must be pursued under Florida Rule of Criminal Procedure 3.850 and not rule 3.800(a). | 1 | 2004–2004 |
Callaway v. State
green
1 sentence2000Id. (finding that defendants could retroactively challenge their sentences under Hale within two years from the time Hale became final, which was February 9, 1994). | 1 | 2000–2000 |
Melvin v. State
green
1 sentence1999The court also recognized the Fourth District's contrary interpretation in Melvin, 677 So.2d at 1318 , that Magaw did not "requir[e] that the standard instruction be *554 broadened to specify lack of care as a distinct element." Turning to the case at hand, the First District detailed that over Hubbard's objection the trial court used the standard jury instruction for DUI manslaughter adopted by this Court in 1992. | 1 | 1999–1999 |
State v. Cain
green
1 sentence1982State v. Cain, 381 So.2d 1361 (Fla. 1980). [2] Therefore, Hubbard's motion to dismiss [3] was properly denied. | 1 | 1982–1982 |
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.