State may overcome claim (Florida) · Go Syfert
← Florida issues

State may overcome claim in Florida

5 Florida opinions name it 1 courts 2003–2018 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 (5)

CaseFollowedCited
In Re Grand Jury Subpoena Duces Tecumgreen
ca11 · 2012 · cited in 2 Florida opinions naming this issue, 2016–2018
2 sentences

2018Slip Op. 6 (citing Fisher v. United States, 425 U.S. 391, 411 (1976); In re Grand Jury Subpoena Duces Tecum Dated March 25, 2011, 670 F.3d 1335, 1345-46 (11th Cir. 2012)). “[A] person may be required to produce specific documents even though they contain incriminating assertions of fact or belief because the creation of those documents was not ‘compelled’ within the meaning of the [Fifth Amendment] privilege.” United States v. Hubbell, 530 U.S. 27, 35-36 (2000).

2016Cf. State v. Mitrani, 19 So.3d 1065, 1068 (Fla. 5th DCA 2009) ("If a witness rightfully invokes the privilege against self-incrimination, the State may overcome the claim of privilege .... ”); In re Grand Jury, 670 F.3d at 1341 ("An individual must show three things to fall within the ambit of the Fifth Amendment_”).

22
United States v. Hubbellgreen
scotus · 2000 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Slip Op. 6 (citing Fisher v. United States, 425 U.S. 391, 411 (1976); In re Grand Jury Subpoena Duces Tecum Dated March 25, 2011, 670 F.3d 1335, 1345-46 (11th Cir. 2012)). “[A] person may be required to produce specific documents even though they contain incriminating assertions of fact or belief because the creation of those documents was not ‘compelled’ within the meaning of the [Fifth Amendment] privilege.” United States v. Hubbell, 530 U.S. 27, 35-36 (2000).

11
Fisher v. United Statesgreen
scotus · 1976 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Slip Op. 6 (citing Fisher v. United States, 425 U.S. 391, 411 (1976); In re Grand Jury Subpoena Duces Tecum Dated March 25, 2011, 670 F.3d 1335, 1345-46 (11th Cir. 2012)). “[A] person may be required to produce specific documents even though they contain incriminating assertions of fact or belief because the creation of those documents was not ‘compelled’ within the meaning of the [Fifth Amendment] privilege.” United States v. Hubbell, 530 U.S. 27, 35-36 (2000).

11
State v. Mitranigreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2016–2016
1 sentence

2016Cf. State v. Mitrani, 19 So.3d 1065, 1068 (Fla. 5th DCA 2009) ("If a witness rightfully invokes the privilege against self-incrimination, the State may overcome the claim of privilege .... ”); In re Grand Jury, 670 F.3d at 1341 ("An individual must show three things to fall within the ambit of the Fifth Amendment_”).

11
Norman v. Stategreen
fla · 1980 · cited in 1 Florida opinions naming this issue, 2003–2003
1 sentence

2003Reynolds, 592 So.2d at 1086 ; Norman v. State, 379 So.2d 643, 647 (Fla.1980).

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 (3)

CaseCitedYears
United States v. Apfelbaum green
scotus · 1980
2 sentences

2009Apfelbaum, 445 U.S. at 125 , 100 S.Ct. 948 .

2009Apfelbaum, 445 U.S. at 125 , 100 S.Ct. 948 .

12009–2009
Wilson v. State green
fla · 2003
1 sentence

2004Id.

12004–2004
Reynolds v. State green
fla · 1992
1 sentence

2003Reynolds, 592 So.2d at 1086 ; Norman v. State, 379 So.2d 643, 647 (Fla.1980).

12003–2003

Where else courts name it

ID 103 (1995–2026) WA 6 (2015–2025) MO 5 (2008–2020) FL 5 (2003–2018) NJ 4 (2018–2021) IL 3 (1978–2025) PA 2 (1998–2000) TN 2 (2001–2013) NM 2 (1991–2023)

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.

← Caselaw search · G Cite Topics · Brief Check