sudden combat instruction (Florida) · Go Syfert
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sudden combat instruction in Florida

5 Florida opinions name it 1 courts 1988–1993 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 (1)

CaseFollowedCited
State v. DiGuiliogreen
fla · 1986 · cited in 2 Florida opinions naming this issue, 1988–1990
2 sentences

1990Consequently, in the circumstances of this case, it was error to give the sudden combat instruction since, "there is a reasonable possibility that the error affected the verdict." State v. DiGuilio, 491 So.2d 1129 at 1139 [Fla. 1986].

1988Consequently, in the circumstances of this case, it was error to give the sudden combat instruction, since, "there is a reasonable possibility that the error affected the verdict." State v. DiGuilio, 491 So.2d at 1139 .

12

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
Spector v. State neutral
fladistctapp · 1992
2 sentences

1993In Spector v. State, 593 So.2d 565 (Fla. 4th DCA 1992), the court acknowledged that the sudden combat instruction is not applicable if the evidence is uncontroverted that the defendant had used a dangerous weapon.

1993Id. at 568 .

11993–1993
Reddick v. State green
fladistctapp · 1991
1 sentence

1992Id. at 637-38 .

11992–1992
Bowes v. State green
fladistctapp · 1986
1 sentence

1989However, unlike the situation in Kingery , and the decision of Bowes v. State, 500 So.2d 290 (Fla. 3d DCA 1986), rev. denied, 506 So.2d 1043 (Fla. 1987), upon which the Kingery court relied, counsel in this case did not argue to the trial court that the sudden combat instruction should not be given because it did not comport to the evidence presented at trial.

11989–1989
Kingery v. State green
fladistctapp · 1988
1 sentence

1989Kingery, 523 So.2d at 1206-1207 .

11989–1989

Statutes the citing opinions construe

FL § 782.03 (3)

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 (1988–1993) MA 4 (2004–2025)

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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