unconstitutional mandatory rebuttable presumption (Florida) · Go Syfert
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unconstitutional mandatory rebuttable presumption in Florida

5 Florida opinions name it 3 courts 1988–2001 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
Brake v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2001–2001
2 sentences

2001The district court also determined that the statute creates an unconstitutional mandatory rebuttable presumption in section 787.025(2)(b), which provides that luring a child "without the consent of the child's parent or legal guardian shall be prima facie evidence of other than a lawful purpose." Brake, 746 So.2d at 529 .

2001See id. at 529 .

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
Francis v. Franklin green
scotus · 1985
2 sentences

1990To arrive at the conclusion in Norvell that section 713.34(3) creates an unconstitutional mandatory rebuttable presumption, the Eleventh Circuit relied upon Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985), a post-Ferrari decision dealing with the constitutionality of jury instructions involving the element of intent in a criminal prosecution.

1990To arrive at the conclusion in Norvell that section 713.34(3) creates an unconstitutional mandatory rebuttable presumption, the Eleventh Circuit relied upon Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985), a post-Ferrari decision dealing with the constitutionality of jury instructions involving the element of intent in a criminal prosecution.

21988–1990
Wilhelm v. State green
fladistctapp · 1989
1 sentence

1990Wilhelm v State, 544 So.2d 1144 (Fla. 2d DCA 1989).

11990–1990
Rolle v. State green
fladistctapp · 1988
1 sentence

1989This court previously held in Rolle v. State, 528 So.2d 1208 (Fla. 4th DCA 1988), that such instruction creates an unconstitutional mandatory rebuttable presumption of impairment in that it offends the requirement of due process by relieving the state of its burden to prove this essential element beyond a reasonable doubt.

11989–1989
Richard Miller v. C.L. Norvell, Sheriff, St. Lucie County Jail, Dr. Barbara Greadington, Commissioner, Fppc and Louie L. Wainwright green
ca11 · 1985
1 sentence

1988Based upon Francis v. Franklin, 471 U.S. 307 , 105 S.Ct. 1965 , 85 L.Ed.2d 344 (1985), and Miller v. Norvell, 775 F.2d 1572 (11th Cir.1985), Rolle contends that the aforesaid statute and instruction thereon given by the court create an unconstitutional mandatory rebuttable presumption on the issue of impairment — an issue that must be proven to the satisfaction of the jury beyond a reasonable doubt — because they relieve the state of its burden of proof of the essential element of impairment by instructing the jury not that it has a choice to determine whether the defendant was impaired based

11988–1988

Statutes the citing opinions construe

FL § 316.1934 (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

IL 8 (2004–2021) FL 5 (1988–2001)

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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