wholly different legal principle (Florida) · Go Syfert
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wholly different legal principle in Florida

5 Florida opinions name it 1 courts 1992–2008 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 (8)

CaseFollowedCited
Watts v. Stategreen
fla · 1992 · cited in 3 Florida opinions naming this issue, 1997–2000
2 sentences

2000This was error, because just as a Tedder inquiry has no place in a death recommendation case, see Franqui v. State, 699 So.2d 1312, 1327 (Fla.1997) (rejecting reliance on jury override cases in death recommendation case because such *285 cases "entail[ ] a wholly different legal principle and analysis"); Watts v. State, 593 So.2d 198, 204 (Fla.1992) (same), the reciprocal holds true when a jury life recommendation is independently analyzed by the trial court and independently reviewed by this Court. [21] In other words, the jury's life recommendation changes the analytical dynamic and magnifie

1997Watts v. State, 593 So.2d 198 . 204 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992).

23
Salim v. United Statesgreen
scotus · 1992 · cited in 2 Florida opinions naming this issue, 1997–1997
2 sentences

1997Watts v. State, 593 So.2d 198 . 204 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992).

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

12
Glass v. Grijalvagreen
scotus · 1992 · cited in 2 Florida opinions naming this issue, 1997–1997
2 sentences

1997Watts v. State, 593 So.2d 198 . 204 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992).

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

12
Franqui v. Stategreen
fla · 1997 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000This was error, because just as a Tedder inquiry has no place in a death recommendation case, see Franqui v. State, 699 So.2d 1312, 1327 (Fla.1997) (rejecting reliance on jury override cases in death recommendation case because such *285 cases "entail[ ] a wholly different legal principle and analysis"); Watts v. State, 593 So.2d 198, 204 (Fla.1992) (same), the reciprocal holds true when a jury life recommendation is independently analyzed by the trial court and independently reviewed by this Court. [21] In other words, the jury's life recommendation changes the analytical dynamic and magnifie

11
Brookings v. Stategreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 2000–2000
1 sentence

2000Keen also accurately interprets our reasoning in Brookings v. State, 495 So.2d 135, 143 (Fla.1986), as applying to a co-actor "guilty of the same offense rather than having the exact same degree of participation in the crime." Appellant's Initial Brief at 84.

11
Songer v. Stategreen
fla · 1975 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11
Williams v. Stategreen
fla · 1983 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11
Hudson v. Stategreen
fla · 1989 · cited in 1 Florida opinions naming this issue, 1997–1997
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

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 (10)

CaseCitedYears
Burns v. State green
fla · 1997
1 sentence

2008Burns v. State, 699 So.2d 646 , 649 n. 5 (Fla. 1997). [6] The trial court also found that the crime was heinous, atrocious, or cruel, but this Court struck that aggravating circumstance. [7] The trial court found six aggravators but merged numerous aggravators into a total of three aggravators: (1) the defendant had a prior violent felony conviction; (2) the crime occurred during the commission of a robbery, which was merged with the aggravator that it was committed for pecuniary gain; and (3) the crime was committed for the purpose of avoiding a lawful arrest, which was merged with the aggrav

12008–2008
Rite Aid Corp. v. Board of Pharmacy green
scotus · 1977
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11997–1997
Avco Community Developers, Inc. v. South Coast Regional Commission green
scotus · 1977
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11997–1997
General Motors Corp. v. Oklahoma County Board of Equalization green
scotus · 1984
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11997–1997
Director, Illinois Department of Corrections v. Gray green
scotus · 1984
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11997–1997
Edwards v. Valteau green
scotus · 1984
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11997–1997
D'Angelo v. Illinois Attorney Registration & Disciplinary Commission green
scotus · 1989
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11997–1997
Martin v. Townsend green
scotus · 1989
1 sentence

1997See Watts v. State, 593 So.2d 198, 205 (Fla.), cert. denied, 505 U.S. 1210 , 112 S.Ct. 3006 , 120 L.Ed.2d 881 (1992); Hudson v. State, 538 So.2d 829, 831-32 (Fla.), cert. denied, 493 U.S. 875 , 110 S.Ct. 212 , 107 L.Ed.2d 165 (1989); Williams v. State, 437 So.2d 133, 137 (Fla.1983), cert. denied, 466 U.S. 909 , 104 S.Ct. 1690 , 80 L.Ed.2d 164 (1984). [6] According to our initial decision in Songer v. State, 322 So.2d 481, 482 (Fla.1975), vacated, 430 U.S. 952 , 97 S.Ct. 1594 , 51 L.Ed.2d 801 (1977), Songer's companion exited the car, and the patrolman searched him while he stood at the rear of

11997–1997
Fitzpatrick v. State green
fla · 1988
1 sentence

1992Fitzpatrick v. State, 527 So.2d 809 (Fla. 1988), is also distinguishable, because in that case the trial judge found the existence of both of the statutory mental mitigating circumstances.

11992–1992
Cochran v. State green
fla · 1989
1 sentence

1992Watts' reliance on Cochran v. State, 547 So.2d 928 (Fla. 1989), is misplaced because Cochran was an override of a jury recommendation of life imprisonment which involved a wholly different legal principle.

11992–1992

Statutes the citing opinions construe

FL § 921.141 (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.

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