State v. Hogan

How courts have described this case

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

• concluding that a twelve- person jury is not required in prosecutions of sexual battery of a child
• holding that sexual battery on victim less than twelve years old is not capital offense for purposes of determining whether twelve-person jury is required
• finding no requirement for twelve-person juries in sexual battery cases because the court had held in Buford v. State, 403 So.2d 943, 951 (Fla.1981
• opining “[s]exual battery of a child, therefore, while still defined as a capital crime by the legislature, is not capital in the sense that a defendant might be put to death” and “a twelve-person jury is not required” under same
• rejecting argument that, in light of Buford, a defendant convicted of capital sexual battery should have been sentenced as though he committed a life felony because \the legislature has denominated certain conduct to be a 'capital' crime and has provided alternative penalties for that crime\
• sexual battery is not punishable by death, and therefore, it may be tried by a six-member jury

Source: CourtListener parenthetical corpus (CC0).

Cited by

50 cases in this archive cite this case; the 20 most cited are listed.

• Heuring v. State
  Supreme Court of Florida· 1987-09-24· cited 147×
• Adaway v. State
  Supreme Court of Florida· 2005-03-17· cited 61×
• State v. Griffith
  Supreme Court of Florida· 1990-03-29· cited 44×
• State v. Boatwright
  Supreme Court of Florida· 1990-03-22· cited 34×
• Coleman v. State
  District Court of Appeal of Florida· 1986-03-03· cited 26×
• Batie v. State
  Supreme Court of Florida· 1988-12-01· cited 18×
• Palazzolo v. State
  District Court of Appeal of Florida· 2000-01-12· cited 16×
• Caulder v. State
  District Court of Appeal of Florida· 1986-12-24· cited 15×
• Perez v. State
  Supreme Court of Florida· 1989-06-29· cited 13×
• Ulloa v. State
  District Court of Appeal of Florida· 1986-04-15· cited 11×
• Alfonso v. State
  District Court of Appeal of Florida· 1988-01-26· cited 11×
• State v. Wells
  District Court of Appeal of Florida· 1985-02-22· cited 11×
• Carter v. State
  District Court of Appeal of Florida· 1986-03-06· cited 10×
• Gonzalez v. State
  District Court of Appeal of Florida· 2008-04-30· cited 9×
• Griffith v. State
  District Court of Appeal of Florida· 1989-03-28· cited 8×
• Heuring v. State
  District Court of Appeal of Florida· 1986-10-13· cited 8×
• Kendry v. State
  District Court of Appeal of Florida· 1987-12-16· cited 6×
• Leo C. Bettey Jr. v. State of Florida
  District Court of Appeal of Florida· 2018-04-18· cited 6×
• Walling v. State
  District Court of Appeal of Florida· 2013-01-30· cited 6×
• Hall v. State
  District Court of Appeal of Florida· 2003-08-29· cited 4×

Cites

6 cases in this archive are cited by this case.

• Furman v. Georgia
  Supreme Court· 1972-06-29· cited 5,066×
• Buford v. State
  Supreme Court of Florida· 1981-07-23· cited 120×
• Donaldson v. Sack
  Supreme Court of Florida· 1972-07-17· cited 98×
• Rusaw v. State
  Supreme Court of Florida· 1984-05-24· cited 43×
• Hogan v. State
  District Court of Appeal of Florida· 1983-01-12· cited 11×
• Rusaw v. State
  District Court of Appeal of Florida· 1983-04-29· cited 7×