jury constitutes fundamental error (Florida) · Go Syfert
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jury constitutes fundamental error in Florida

5 Florida opinions name it 1 courts 2004–2025 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 (6)

CaseFollowedCited
FLORIDA PENINSULA INSURANCE COMPANY v. RAFAEL NOLASCO AND CELIA NOLASCOgreen
fladistctapp · 2021 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See Fla. Peninsula, 318 So. 3d at 588 (“[D]erogatory comments specifically attacking the integrity of opposing counsel constitute fundamental error, depriving the plaintiffs of a fair trial.” (quoting Owens Corning, 653 So. 2d at 411 )).

11
Owens Corning Fiberglas Corp. v. Morsegreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See Fla. Peninsula, 318 So. 3d at 588 (“[D]erogatory comments specifically attacking the integrity of opposing counsel constitute fundamental error, depriving the plaintiffs of a fair trial.” (quoting Owens Corning, 653 So. 2d at 411 )).

11
Richards v. Stategreen
fladistctapp · 2010 · cited in 1 Florida opinions naming this issue, 2014–2014
1 sentence

2014As in Rios , the instruction’s reference to the defendant’s “duty to retreat” was “not necessary because Defendant did not have a duty to retreat under Florida’s Stand Your Ground law,” and it “effectively eliminated Defendant’s sole affirmative defense.” 143 So.3d at 1170; see also Richards v. State, 39 So.3d 431, 434 (Fla. 2d DCA 2010) (finding that jury instructions referencing a “duty to retreat” rose “to the level of fundamental error” where the defendant’s “sole defense at trial was that he acted in self-defense” thereby entitling him to a Stand Your Ground defense).

11
Williams v. Stategreen
fladistctapp · 2008 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009See id.; Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985); Williams v. State, 982 So.2d 1190, 1194 (Fla. 4th DCA 2008).

11
Carter v. Stategreen
fladistctapp · 1985 · cited in 1 Florida opinions naming this issue, 2009–2009
1 sentence

2009See id.; Carter v. State, 469 So.2d 194, 196 (Fla. 2d DCA 1985); Williams v. State, 982 So.2d 1190, 1194 (Fla. 4th DCA 2008).

11
Johnson v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008Johnson v. State, 833 So.2d 252, 254 (Fla. 4th DCA 2002).

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 (2)

CaseCitedYears
Rich v. State green
fladistctapp · 2003
1 sentence

2004E.g., Zuniga, 869 So.2d at 1239 ; Rich v. State, 858 So.2d 1210 (Fla. 4th DCA 2003).

12004–2004
Zuniga v. State green
fladistctapp · 2004
1 sentence

2004E.g., Zuniga, 869 So.2d at 1239 ; Rich v. State, 858 So.2d 1210 (Fla. 4th DCA 2003).

12004–2004

Where else courts name it

FL 5 (2004–2025) NM 2 (2001–2017)

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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