State must disprove defense (Florida) · Go Syfert
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State must disprove defense in Florida

5 Florida opinions name it 1 courts 2010–2017 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 (4)

CaseFollowedCited
King v. Stategreen
fladistctapp · 1991 · cited in 3 Florida opinions naming this issue, 2010–2013
2 sentences

2010As the Court explained in Brown v. State, 454 So.2d 596, 598 (Fla. 5th DCA 1984), superseded by statute on other grounds as stated in Thomas v. State, 918 So.2d 327 (Fla. 1st DCA 2005): "While the defendant may have the burden of going forward with evidence of self-defense, the burden of proving guilt beyond a reasonable doubt never shifts from the State, and this standard broadly includes the requirement that the State prove that the defendant did not act in self-defense beyond a reasonable doubt." In Sneed v. State, 580 So.2d 169, 170 (Fla. 4th DCA 1991), we held that the State must disprove

2010As the Court explained in Brown v. State, 454 So.2d 596, 598 (Fla. 5th DCA 1984), superseded by statute on other grounds as stated in Thomas v. State, 918 So.2d 327 (Fla. 1st DCA 2005): “While the defendant may have the burden of going forward with evidence of self-defense, the burden of proving guilt beyond a reasonable doubt never shifts from the State, and this standard broadly includes the requirement that the State prove that the defendant did not act in self-defense beyond a reasonable doubt.” In Sneed v. State, 580 So.2d 169, 170 (Fla. 4th DCA 1991), we held that the State must disprove

33
Brown v. Stategreen
fladistctapp · 1984 · cited in 2 Florida opinions naming this issue, 2010–2010
2 sentences

2010As the Court explained in Brown v. State, 454 So.2d 596, 598 (Fla. 5th DCA 1984), superseded by statute on other grounds as stated in Thomas v. State, 918 So.2d 327 (Fla. 1st DCA 2005): "While the defendant may have the burden of going forward with evidence of self-defense, the burden of proving guilt beyond a reasonable doubt never shifts from the State, and this standard broadly includes the requirement that the State prove that the defendant did not act in self-defense beyond a reasonable doubt." In Sneed v. State, 580 So.2d 169, 170 (Fla. 4th DCA 1991), we held that the State must disprove

2010As the Court explained in Brown v. State, 454 So.2d 596, 598 (Fla. 5th DCA 1984), superseded by statute on other grounds as stated in Thomas v. State, 918 So.2d 327 (Fla. 1st DCA 2005): “While the defendant may have the burden of going forward with evidence of self-defense, the burden of proving guilt beyond a reasonable doubt never shifts from the State, and this standard broadly includes the requirement that the State prove that the defendant did not act in self-defense beyond a reasonable doubt.” In Sneed v. State, 580 So.2d 169, 170 (Fla. 4th DCA 1991), we held that the State must disprove

22
Montijo v. Stategreen
fladistctapp · 2011 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Montijo v. State, 61 So.3d 424, 426-427 (Fla. 5th DCA 2011); Falwell v. State, 88 So.3d 970, 972 (Fla. 5th DCA 2012).

11
Falwell v. Stategreen
fladistctapp · 2012 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Montijo v. State, 61 So.3d 424, 426-427 (Fla. 5th DCA 2011); Falwell v. State, 88 So.3d 970, 972 (Fla. 5th DCA 2012).

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 (4)

CaseCitedYears
Thomas v. State green
fladistctapp · 2005
2 sentences

2010As the Court explained in Brown v. State, 454 So.2d 596, 598 (Fla. 5th DCA 1984), superseded by statute on other grounds as stated in Thomas v. State, 918 So.2d 327 (Fla. 1st DCA 2005): "While the defendant may have the burden of going forward with evidence of self-defense, the burden of proving guilt beyond a reasonable doubt never shifts from the State, and this standard broadly includes the requirement that the State prove that the defendant did not act in self-defense beyond a reasonable doubt." In Sneed v. State, 580 So.2d 169, 170 (Fla. 4th DCA 1991), we held that the State must disprove

2010As the Court explained in Brown v. State, 454 So.2d 596, 598 (Fla. 5th DCA 1984), superseded by statute on other grounds as stated in Thomas v. State, 918 So.2d 327 (Fla. 1st DCA 2005): “While the defendant may have the burden of going forward with evidence of self-defense, the burden of proving guilt beyond a reasonable doubt never shifts from the State, and this standard broadly includes the requirement that the State prove that the defendant did not act in self-defense beyond a reasonable doubt.” In Sneed v. State, 580 So.2d 169, 170 (Fla. 4th DCA 1991), we held that the State must disprove

22010–2010
Rasley v. State green
fladistctapp · 2004
1 sentence

2017“Once the defense presents a prima facie case of self-defense, the state must disprove the defense beyond a reasonable doubt.” Morgan, 127 So.3d at 717 ; Stinson, 69 So.3d at 291-92 ; Rasley, 878 So.2d at 476 .

12017–2017
Stinson v. State green
fladistctapp · 2009
1 sentence

2017“Once the defense presents a prima facie case of self-defense, the state must disprove the defense beyond a reasonable doubt.” Morgan, 127 So.3d at 717 ; Stinson, 69 So.3d at 291-92 ; Rasley, 878 So.2d at 476 .

12017–2017
Morgan v. State green
fladistctapp · 2013
2 sentences

2017“Once the defense presents a prima facie case of self-defense, the state must disprove the defense beyond a reasonable doubt.” Morgan, 127 So.3d at 717 ; Stinson, 69 So.3d at 291-92 ; Rasley, 878 So.2d at 476 .

2017“If the state fails to sustain its burden, the trial court must grant a motion for judgment of acquittal in favor of the defendant.” Morgan, 127 So.3d at 717 .

12017–2017

Where else courts name it

TX 18 (1984–2026) IL 9 (1989–2015) KS 5 (2018–2024) NV 5 (1984–2018) FL 5 (2010–2017) IN 4 (2010–2017) GA 4 (1997–2017) CT 3 (1995–2014) WA 2 (2016–2020) UT 2 (2019–2021) OR 2 (1980–1997) WI 2 (1989–2005)

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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