5 Florida opinions name it 3 courts 1990–2021 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.
| Case | Followed | Cited |
|---|---|---|
TP v. Department of Children and Familiesgreen1 sentence2004See, e.g., T.P. v. Dep't of Children & Families, 860 So.2d 1084 (Fla. 5th DCA 2003); In re T.S., 855 So.2d 679 (Fla. 2d DCA 2003). *609 However, the constitutionality of such a rebuttable presumption in this context has been disputed. | 1 | 1 |
Glendening v. Stategreen1 sentence2003Cf. In re Florida Rules of Criminal Procedure, 272 So.2d 65 (Fla. 1972) (characterizing difficult area of substance and procedure as twilight zone); State v. Garcia, 229 So.2d 236 (Fla.1969) (noting difficulty determining whether rule relates to matter that is substantive or procedural); see also Glendening v. State, 536 So.2d 212, 214-15 (Fla.1988) (explaining difficulty in discerning substantive rights that change ultimate facts necessary to establish guilt, versus procedural rules that simply govern how certain evidence is admitted in ex post facto analysis); State v. Dionne, 814 So.2d 1087 | 1 | 1 |
Adams v. Adams, Et Ux.green2 sentences2000Cf. Adams v. Adams, 131 Fla. 777, 780 , 180 So. 516, 518 (1938) (observing, in a lawsuit involving a challenge, as invalid for uncertainty, to a statute which attempted "to set out in detail a scheme for the levy, assessment, and collection of delinquent city taxes” that, while the Court could not "commend it as a paragon of certitude or completeness” because it was "in fact fraught with the uncertainties that often inhere in acts where meticulous details are sought to be defined,” nonetheless, the Court could not “see that it requires more of interstitial supply to make it articulate than cou 2000Cf. Adams v. Adams, 131 Fla. 777, 780 , 180 So. 516, 518 (1938) (observing, in a lawsuit involving a challenge, as invalid for uncertainty, to a statute which attempted "to set out in detail a scheme for the levy, assessment, and collection of delinquent city taxes” that, while the Court could not "commend it as a paragon of certitude or completeness” because it was "in fact fraught with the uncertainties that often inhere in acts where meticulous details are sought to be defined,” nonetheless, the Court could not “see that it requires more of interstitial supply to make it articulate than cou | 1 | 1 |
State v. Cohengreen1 sentence1990Thus “The statute creates a presumption of unlawful conduct until the defendants] can prove that [their] actions were lawful.” Cohen , p. 898. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Stanley v. Illinois
green
1 sentence2021The statute creates a presumption that harm to the other child will occur and conflicts with principles espoused in Stanley v. Illinois, 405 U.S. 645 (1972), a parental dependency case, in which the Court said: Procedure by presumption is always cheaper and easier than individualized determination. | 1 | 2021–2021 |
Padgett v. Dept. of Health & Rehab. Services
green
1 sentence2004In Padgett , we held that to terminate the parental rights in one child based solely on the prior termination of rights in another child, "the state must show by clear and convincing evidence that reunification with the parent poses a substantial risk of significant harm to the child." 577 So.2d at 571 . | 1 | 2004–2004 |
In Re TS
neutral
1 sentence2004See, e.g., T.P. v. Dep't of Children & Families, 860 So.2d 1084 (Fla. 5th DCA 2003); In re T.S., 855 So.2d 679 (Fla. 2d DCA 2003). *609 However, the constitutionality of such a rebuttable presumption in this context has been disputed. | 1 | 2004–2004 |
State v. Garcia
green
1 sentence2003Cf. In re Florida Rules of Criminal Procedure, 272 So.2d 65 (Fla. 1972) (characterizing difficult area of substance and procedure as twilight zone); State v. Garcia, 229 So.2d 236 (Fla.1969) (noting difficulty determining whether rule relates to matter that is substantive or procedural); see also Glendening v. State, 536 So.2d 212, 214-15 (Fla.1988) (explaining difficulty in discerning substantive rights that change ultimate facts necessary to establish guilt, versus procedural rules that simply govern how certain evidence is admitted in ex post facto analysis); State v. Dionne, 814 So.2d 1087 | 1 | 2003–2003 |
State v. Dionne
green
1 sentence2003Cf. In re Florida Rules of Criminal Procedure, 272 So.2d 65 (Fla. 1972) (characterizing difficult area of substance and procedure as twilight zone); State v. Garcia, 229 So.2d 236 (Fla.1969) (noting difficulty determining whether rule relates to matter that is substantive or procedural); see also Glendening v. State, 536 So.2d 212, 214-15 (Fla.1988) (explaining difficulty in discerning substantive rights that change ultimate facts necessary to establish guilt, versus procedural rules that simply govern how certain evidence is admitted in ex post facto analysis); State v. Dionne, 814 So.2d 1087 | 1 | 2003–2003 |
In Re Florida Rules of Criminal Procedure
green
1 sentence2003Cf. In re Florida Rules of Criminal Procedure, 272 So.2d 65 (Fla. 1972) (characterizing difficult area of substance and procedure as twilight zone); State v. Garcia, 229 So.2d 236 (Fla.1969) (noting difficulty determining whether rule relates to matter that is substantive or procedural); see also Glendening v. State, 536 So.2d 212, 214-15 (Fla.1988) (explaining difficulty in discerning substantive rights that change ultimate facts necessary to establish guilt, versus procedural rules that simply govern how certain evidence is admitted in ex post facto analysis); State v. Dionne, 814 So.2d 1087 | 1 | 2003–2003 |
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.