State v. Johnson

How courts have described this case

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

• holding that the State has a right to instructions on permissive lesser-included offenses over defense objection
• existence of Category 2 lesser offense is discoverable only on close examination of the allegations and proof connected with the charge
• State entitled to instruction on necessarily and permissive lesser included offenses providing the evidence supports the charges
• “If an offense meets the criteria for an instruction and verdict choice as either a necessarily or permissive lesser included offense, the State may insist on its inclusion, even over defense objection.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Williams v. State
  Supreme Court of Florida· 2007-05-10· cited 46×
• Grim v. State
  Supreme Court of Florida· 2007-10-04· cited 33×
• Michelson v. State
  District Court of Appeal of Florida· 2001-12-05· cited 12×
• Wilson v. State
  District Court of Appeal of Florida· 1993-07-07· cited 11×
• State v. Gibson
  Supreme Court of Florida· 1996-10-24· cited 11×
• Clark v. State
  District Court of Appeal of Florida· 2010-08-25· cited 11×
• McBride v. State
  District Court of Appeal of Florida· 1992-09-15· cited 8×
• Pepitone v. State
  District Court of Appeal of Florida· 2003-05-30· cited 8×
• Harbin v. State
  Court of Criminal Appeals of Alabama· 2009-02-13· cited 7×
• Lawrence v. State
  District Court of Appeal of Florida· 1996-06-28· cited 7×
• Valdes v. State
  District Court of Appeal of Florida· 2007-11-14· cited 4×
• Festa v. State
  District Court of Appeal of Florida· 2006-05-10· cited 2×
• Freeman v. State
  District Court of Appeal of Florida· 1993-09-15· cited 1×
• Howard v. State
  District Court of Appeal of Florida· 2002-11-06· cited 1×
• Brooks v. State
  District Court of Appeal of Florida· 1998-10-14· cited 1×
• Fawcett v. State
  Supreme Court of Florida· 1993-03-25
• Raines v. State
  District Court of Appeal of Florida· 1992-06-30
• Fraser v. State
  District Court of Appeal of Florida· 1992-06-26
• Clark v. State
  District Court of Appeal of Florida· 1995-02-24
• Negron v. State
  District Court of Appeal of Florida· 1999-06-25

Cites

9 cases in this archive are cited by this case.

• Carawan v. State
  Supreme Court of Florida· 1987-09-03· cited 474×
• Brown v. State
  Supreme Court of Florida· 1968-02-20· cited 442×
• Wilcott v. State
  Supreme Court of Florida· 1987-05-21· cited 44×
• State v. Washington
  Supreme Court of Florida· 1972-05-10· cited 28×
• Courson v. State
  District Court of Appeal of Florida· 1982-04-06· cited 19×
• Bell v. State
  District Court of Appeal of Florida· 1981-03-04· cited 18×
• Gallo v. State
  Supreme Court of Florida· 1986-07-17· cited 9×
• Morrison v. State
  District Court of Appeal of Florida· 1972-03-14· cited 7×
• Johnson v. State
  District Court of Appeal of Florida· 1990-12-14· cited 3×