James v. State

How courts have described this case

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

• holding instruction was fundamental error when it permitted the jury to find that one alleged victim was threatened while the other had a well-founded fear that violence was imminent
• “Lumping alleged victims together in a single count of aggravated assault and permitting the jury to return a verdict of “guilty as charged” creates serious due process problems.”
• finding fundamental error in an “and/or” jury instruction based on a single count of aggravated assault with a firearm because the evidence adduced at trial established two distinct and independent offenses which lacked a necessary connection to each other

Source: CourtListener parenthetical corpus (CC0).

Cited by

8 cases in this archive cite this case.

• Jordan v. State
  District Court of Appeal of Florida· 2001-12-21· cited 13×
• Barnett v. State
  District Court of Appeal of Florida· 2013-09-11· cited 9×
• Miller v. State
  District Court of Appeal of Florida· 2006-01-20· cited 7×
• Tindle v. State
  District Court of Appeal of Florida· 2002-12-27· cited 6×
• Bryant v. State
  District Court of Appeal of Florida· 2010-02-26· cited 4×
• Comer v. State
  District Court of Appeal of Florida· 2008-11-26· cited 4×
• Fuller v. State
  District Court of Appeal of Florida· 2006-12-08· cited 4×
• Schepman v. State
  District Court of Appeal of Florida· 2014-09-19· cited 2×

Cites

11 cases in this archive are cited by this case.

• Blockburger v. United States
  Supreme Court· 1931-12-11· cited 10,676×
• Burks v. United States
  Supreme Court· 1978-06-14· cited 4,912×
• Greene v. Massey
  Supreme Court· 1978-06-14· cited 1,268×
• Brown v. State
  Supreme Court of Florida· 1968-02-20· cited 442×
• State v. Smith
  Supreme Court of Florida· 1970-10-28· cited 68×
• Martinez v. State
  Supreme Court of Florida· 1978-11-16· cited 24×
• McGahagin v. State
  Supreme Court of Florida· 1880-01-15· cited 22×
• State v. Dell'Orfano
  District Court of Appeal of Florida· 1995-04-13· cited 18×
• Fredericks v. State
  District Court of Appeal of Florida· 1996-06-11· cited 16×
• Pugh v. State
  District Court of Appeal of Florida· 1993-07-23· cited 9×
• Hall v. State
  District Court of Appeal of Florida· 1978-01-27· cited 6×