performs an additional analysis (Florida) · Go Syfert
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performs an additional analysis in Florida

5 Florida opinions name it 1 courts 2005–2016 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.

Followed or applied (7)

CaseFollowedCited
Shere v. Mooregreen
fla · 2002 · cited in 4 Florida opinions naming this issue, 2005–2013
2 sentences

2013See Shere v. Moore, 830 So.2d 56, 60 (Fla.2002) ("[I]n cases where more than one defendant was involved in the commission of the crime, this Court performs an additional analysis of relative culpability.

2009“In cases where more than one defendant is involved, the Court performs an additional analysis of relative culpability guided by the principle that ‘equally culpable co-defendants should be treated alike in capital sentencing and receive equal punishment.’ ” Brooks v. State, 918 So.2d 181, 208 (Fla.2005) (quoting Shere v. Moore, 830 So.2d 56, 60 (Fla.2002)).

34
Brooks v. Stategreen
fla · 2005 · cited in 3 Florida opinions naming this issue, 2007–2016
2 sentences

2016However “where more than one defendant is involved, the Court performs an additional analysis of relative culpability guided by the principle that equally culpable co-defendants should be treated alike in capital sentencing and receive equal punishment.” Blake v. State, 972 So.2d 839, 849 (Fla.2007) (quoting Brooks v. State, 918 So.2d 181, 208 (Fla.2005)).

2016However “where more than one defendant is involved, the Court performs an additional analysis of relative culpability guided by the principle that equally culpable co-defendants should be treated alike in capital sentencing and receive equal punishment.” Blake v. State, 972 So. 2d 839, 849 (Fla. 2007) (quoting Brooks v. State, 918 So. 2d 181, 208 (Fla. 2005)).

33
Ventura v. Stategreen
fla · 2001 · cited in 2 Florida opinions naming this issue, 2007–2009
2 sentences

2009We have rejected relative culpability arguments where the defendant sentenced to death was the “triggerman.” See, e.g., Ventura v. State, 794 So.2d 553, 571 (Fla.2001); Downs v. State, 572 So.2d 895, 901 (Fla.1990).

2007We have rejected relative culpability arguments where the defendant sentenced to death was the "triggerman." See, e.g., Ventura v. State, 794 So.2d 553, 571 (Fla.2001) (finding codefendants not equally culpable where a codefendant hired Ventura to kill the victim, but Ventura was the triggerman); Downs v. State, 572 So.2d 895, 901 (Fla.1990) ("[E]vidence in the record supports the trial court's conclusion that Downs was the triggerman and thus was more culpable than Johnson.").

22
Downs v. Stategreen
fla · 1990 · cited in 2 Florida opinions naming this issue, 2007–2009
2 sentences

2009We have rejected relative culpability arguments where the defendant sentenced to death was the “triggerman.” See, e.g., Ventura v. State, 794 So.2d 553, 571 (Fla.2001); Downs v. State, 572 So.2d 895, 901 (Fla.1990).

2007We have rejected relative culpability arguments where the defendant sentenced to death was the "triggerman." See, e.g., Ventura v. State, 794 So.2d 553, 571 (Fla.2001) (finding codefendants not equally culpable where a codefendant hired Ventura to kill the victim, but Ventura was the triggerman); Downs v. State, 572 So.2d 895, 901 (Fla.1990) ("[E]vidence in the record supports the trial court's conclusion that Downs was the triggerman and thus was more culpable than Johnson.").

22
Brown v. Stategreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016If “the circumstances indicate that the defendant is more culpable than a codefen-dant, disparate treatment is not impermissible despite the fact the codefendant received a lighter sentence for his participation in the same crime.” Gonzalez v. State, 136 So.3d 1125, 1165 (Fla.2014) (quoting Brown v. State, 721 So.2d 274, 282 (Fla.1998)).

2016If “the circumstances indicate that the defendant is more culpable than a codefendant, disparate treatment is not impermissible despite the fact the codefendant received a lighter sentence for his participation in the same crime.” Gonzalez v. State, 136 So. 3d 1125, 1165 (Fla. 2014) (quoting Brown v. State, 721 So. 2d 274, 282 (Fla. 1998)).

11
Blake v. Stategreen
fla · 2007 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016However “where more than one defendant is involved, the Court performs an additional analysis of relative culpability guided by the principle that equally culpable co-defendants should be treated alike in capital sentencing and receive equal punishment.” Blake v. State, 972 So.2d 839, 849 (Fla.2007) (quoting Brooks v. State, 918 So.2d 181, 208 (Fla.2005)).

2016However “where more than one defendant is involved, the Court performs an additional analysis of relative culpability guided by the principle that equally culpable co-defendants should be treated alike in capital sentencing and receive equal punishment.” Blake v. State, 972 So. 2d 839, 849 (Fla. 2007) (quoting Brooks v. State, 918 So. 2d 181, 208 (Fla. 2005)).

11
Leonard Patrick Gonzalez, Jr. v. State of Floridagreen
fla · 2014 · cited in 1 Florida opinions naming this issue, 2016–2016
2 sentences

2016If “the circumstances indicate that the defendant is more culpable than a codefen-dant, disparate treatment is not impermissible despite the fact the codefendant received a lighter sentence for his participation in the same crime.” Gonzalez v. State, 136 So.3d 1125, 1165 (Fla.2014) (quoting Brown v. State, 721 So.2d 274, 282 (Fla.1998)).

2016If “the circumstances indicate that the defendant is more culpable than a codefendant, disparate treatment is not impermissible despite the fact the codefendant received a lighter sentence for his participation in the same crime.” Gonzalez v. State, 136 So. 3d 1125, 1165 (Fla. 2014) (quoting Brown v. State, 721 So. 2d 274, 282 (Fla. 1998)).

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Statutes the citing opinions construe

FL § 921.141 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 5 (2005–2016) TN 2 (1998–1998)

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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