District Court of Appeal of Florida· 6/25/2010
Jackson v. State
Citations
- 39 So. 3d 427
- 2010 Fla. App. LEXIS 9200
- 2010 WL 2541705
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding fundamental error where court appeared to be punishing the defendant for failure to show remorse for a crime in which he denied involvement
- reversing a sentence because the trial court improperly based the defendant’s sentence on his lack of remorse
- finding fundamental error where the trial court’s statement “can reasonably be read only as conditioning the sentence, at least in part, upon appellant’s claim of innocence”
- reversing sentence after sentencing judge said “since you show no remorse or regret for any of your actions I’m going to sentence you to 25 years”
- listing cases that show as “established law” that a “statement made by the trial court [that] can reasonably be read only as conditioning the sentence, at least in part, upon [the defendant]’s claim of innocence” violates due process
- fundamental error occurs where a trial court's statement “can reasonably be read only as conditioning the sentence, at least in part, upon appellant's claim of innocence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kahn, Rowe, Marstiller
Read full opinion on CourtListenerCited by
21 cases in this archive cite this case; the 20 most cited are listed.
- Yisrael v. StateDistrict Court of Appeal of Florida· 2011-07-22· cited 23×
- Torres v. StateDistrict Court of Appeal of Florida· 2013-11-06· cited 10×
- Dumas v. StateDistrict Court of Appeal of Florida· 2013-02-08· cited 9×
- Richard Leroy Hayes v. State of FloridaDistrict Court of Appeal of Florida· 2014-09-22· cited 8×
- Lisa Marie Macan v. State of FloridaDistrict Court of Appeal of Florida· 2015-12-01· cited 8×
- Alvin Davis v. State of FloridaDistrict Court of Appeal of Florida· 2019-04-25· cited 8×
- Dinkines v. StateDistrict Court of Appeal of Florida· 2013-09-25· cited 7×
- Mentor v. StateDistrict Court of Appeal of Florida· 2010-09-15· cited 6×
- Catledge v. StateDistrict Court of Appeal of Florida· 2018-06-28· cited 5×
- Shelko v. StateDistrict Court of Appeal of Florida· 2019-04-26· cited 5×
- Ryan v. StateDistrict Court of Appeal of Florida· 2011-10-26· cited 3×
- Molina v. StateDistrict Court of Appeal of Florida· 2014-11-26· cited 3×
- Adkison v. StateDistrict Court of Appeal of Florida· 2014-03-04· cited 3×
- Cherilus v. StateDistrict Court of Appeal of Florida· 2016-08-17· cited 2×
- Williams v. StateDistrict Court of Appeal of Florida· 2012-06-14· cited 2×
- Wood v. StateDistrict Court of Appeal of Florida· 2014-10-23· cited 1×
- Posey v. StateDistrict Court of Appeal of Florida· 2011-06-30
- Trimeka Shanta Wood v. State of FloridaDistrict Court of Appeal of Florida· 2014-10-22
- Carl Lewis Burns v. State of FloridaDistrict Court of Appeal of Florida· 2018-07-11
- Chatman v. StateDistrict Court of Appeal of Florida· 2016-10-28
Cites
7 cases in this archive are cited by this case.
- Bracero v. StateDistrict Court of Appeal of Florida· 2009-04-17· cited 40×
- Hannum v. StateDistrict Court of Appeal of Florida· 2009-06-05· cited 40×
- Ritter v. StateDistrict Court of Appeal of Florida· 2004-10-15· cited 36×
- A.S. v. StateDistrict Court of Appeal of Florida· 1996-02-14· cited 33×
- Nawaz v. StateDistrict Court of Appeal of Florida· 2010-01-29· cited 26×
- Whitmore v. StateDistrict Court of Appeal of Florida· 2010-02-03· cited 23×
- Jiles v. StateDistrict Court of Appeal of Florida· 2009-10-02· cited 8×
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.