District Court of Appeal of Florida· 1/28/1998
Hardy v. State
Citations
- 705 So. 2d 979
- 1998 WL 27798
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when multiple convictions violate the double jeopardy prohibition, \[t]he proper remedy is to vacate the conviction for the lesser offense while affirming the conviction for the greater one\
- holding that dual convictions for leaving the scene of an accident involving injury and leaving the scene of an accident involving death were different degrees of same crime and violated double jeopardy
- holding that convictions for leaving the scene of a crash involving death and leaving the scene of a crash involving personal injury constituted a single episode of leaving the scene— even though the single crash involved multiple cars and victims
- holding the appropriate remedy for a double jeopardy violation is to vacate the conviction for the lesser offense
- holding the appropriate remedy for a double jeopardy violation is to vacate the conviction for the lesser offense
- stating that the proper remedy for a double jeopardy violation “is to vacate the conviction for the lesser offense while affirming the conviction for the greater one” (citing Williams v. Singletary, 78 F.3d 1510, 1516 (11th Cir.1996))
Source: CourtListener parenthetical corpus (CC0).
Judges: Stevenson
Read full opinion on CourtListenerCited by
32 cases in this archive cite this case; the 20 most cited are listed.
- State of Arizona v. PowersCourt of Appeals of Arizona· 2001-05-23· cited 93×
- State v. FloridaSupreme Court of Florida· 2005-02-17· cited 54×
- Commonwealth v. ConstantinoMassachusetts Supreme Judicial Court· 2005-02-25· cited 46×
- State v. StoneWest Virginia Supreme Court· 2012-06-21· cited 37×
- Capron v. StateDistrict Court of Appeal of Florida· 2007-02-16· cited 27×
- McKnight v. StateDistrict Court of Appeal of Florida· 2005-07-22· cited 19×
- Holt v. StateDistrict Court of Appeal of Florida· 2015-08-14· cited 17×
- Olivard v. StateDistrict Court of Appeal of Florida· 2002-12-11· cited 15×
- Papageorge v. StateDistrict Court of Appeal of Florida· 1998-03-18· cited 15×
- YEYE v. StateDistrict Court of Appeal of Florida· 2010-04-28· cited 8×
- Johnson v. StateDistrict Court of Appeal of Florida· 1999-11-10· cited 7×
- Pierce v. StateDistrict Court of Appeal of Florida· 1999-11-03· cited 6×
- Beahr v. StateDistrict Court of Appeal of Florida· 2008-09-29· cited 6×
- Junior v. StateDistrict Court of Appeal of Florida· 1999-06-16· cited 5×
- Peer v. StateDistrict Court of Appeal of Florida· 2008-04-30· cited 5×
- Delgado v. StateDistrict Court of Appeal of Florida· 2015-09-11· cited 5×
- Franklin v. StateDistrict Court of Appeal of Florida· 1998-09-17· cited 4×
- Sanders v. StateDistrict Court of Appeal of Florida· 2001-09-26· cited 3×
- Foreman v. StateDistrict Court of Appeal of Florida· 1999-03-17· cited 3×
- State v. PerezDistrict Court of Appeal of Florida· 1998-09-25· cited 2×
Cites
6 cases in this archive are cited by this case.
- Albernaz v. United StatesSupreme Court· 1981-03-09· cited 1,588×
- State v. SmithSupreme Court of Florida· 1989-06-22· cited 218×
- State v. JohnsonSupreme Court of Florida· 1986-02-06· cited 80×
- M.P. v. StateSupreme Court of Florida· 1996-10-10· cited 76×
- Larry Williams v. Harry K. SingletaryEleventh Circuit· 1996-04-01· cited 33×
- Hoag v. StateDistrict Court of Appeal of Florida· 1987-07-30· cited 27×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.