Barry v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting gathering crowds and people stopping to watch are not sufficient to establish a disorderly conduct charge
• finding the evidence insufficient to support conviction for disorderly conduct where defendant yelled obscenities and shook his finger in a police officer’s face, and the public confrontation slowed traffic
• collecting cases; holding that defendant screaming obscenities at police officer while pointing and shaking a finger in her face did not support a conviction for disorderly conduct despite crowd of observers
• “[T]he mere fact that other people come outside or stop to watch what is going on is insufficient to support a conviction for disorderly conduct.”
• “[I]t is clear that speech alone will not generally support a conviction for disorderly conduct.”
• evidence insufficient to support conviction for disorderly conduct where defendant yelled obscenities and shook his finger in a police officer’s face and the public confrontation slowed traffic

Source: CourtListener parenthetical corpus (CC0).

Cited by

10 cases in this archive cite this case.

• Omar T. Alston v. Mark Swarbrick
  Eleventh Circuit· 2020-03-26· cited 43×
• A.S.C. v. State
  District Court of Appeal of Florida· 2009-06-12· cited 7×
• Fields v. State
  District Court of Appeal of Florida· 2009-12-09· cited 4×
• Smith v. State
  District Court of Appeal of Florida· 2007-09-05· cited 4×
• James Eric McDonough v. Carlos Garcia
  Eleventh Circuit· 2024-01-10· cited 4×
• S.S., a child v. State
  District Court of Appeal of Florida· 2015-01-21· cited 3×
• Burney v. State
  District Court of Appeal of Florida· 2012-07-27· cited 3×
• Terrell v. State
  District Court of Appeal of Florida· 2007-05-02· cited 1×
• Duckens Oxyde v. State of Florida
  District Court of Appeal of Florida· 2025-05-14
• Duckens Oxyde v. State of Florida
  District Court of Appeal of Florida· 2025-07-16

Cites

12 cases in this archive are cited by this case.

• State v. Saunders
  Supreme Court of Florida· 1976-11-12· cited 78×
• White v. State
  Supreme Court of Florida· 1976-03-24· cited 63×
• Gonzales v. City of Belle Glade
  Supreme Court of Florida· 1973-12-20· cited 36×
• Miller v. State
  District Court of Appeal of Florida· 1995-10-24· cited 27×
• C.L.B. v. State
  District Court of Appeal of Florida· 1997-03-05· cited 15×
• K.S. v. State
  District Court of Appeal of Florida· 1997-08-13· cited 12×
• Wiltzer v. State
  District Court of Appeal of Florida· 2000-04-12· cited 10×
• W.M. v. State
  District Court of Appeal of Florida· 1986-07-22· cited 8×
• B.R. v. State
  District Court of Appeal of Florida· 1995-03-17· cited 8×
• Boykin v. Boykin
  Court of Civil Appeals of Alabama· 1995-04-14· cited 7×
• Miller v. State
  District Court of Appeal of Florida· 2001-02-02· cited 4×
• MacOn v. State
  District Court of Appeal of Florida· 2003-09-19· cited 3×