Case Citator › Puryear v. State

Puryear v. State

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of Florida
Citation
810 So. 2d 901
Decided
Confirmed treatments
1
Flagged citations read
87 of 90
Citing cases (total)
124
Treatment dates
2024
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. Puryear v. State has been limited: 87 of the 90 flagged citations have been read, and the 1 confirmed treatment is listed below; the text of the other 3 citing opinions could not be retrieved, so they remain unread. The en banc Second District recognized a paradigm-shift exception under which prior Florida Supreme Court case law may implicitly fall away despite Puryear's no-sub-silentio-overruling principle.
More on how this was screened

The other readable opinions applied Puryear's rule to preserve express holdings over contrary dicta, reported Puryear's treatment of Power v. State, or directed nearby adverse language at other decisions.

The treatments below are confirmed; unread citations could still change the overall status.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case, except the ones whose text could not be retrieved.

124 later cases cite Puryear v. State; 90 of those citations sat close to treatment language and were flagged for reading; 87 of them have been read, and the text of 3 citing opinions could not be retrieved, so those remain unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Puryear v. State?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The en banc Second District confined Puryear's no-sub-silentio-overruling principle by recognizing that a fundamental change in a long-standing interpretive paradigm may implicitly displace earlier case law.

    State v. Crose · Florida Second District Court of Appeal · filed

    While we recognize that the Florida Supreme Court "does not intentionally overrule itself sub silentio," F.B. v. State, 852 So. 2d 226, 228 (Fla. 2003) (quoting Puryear v. State, 810 So. 2d 901, 905 (Fla. 2002)), when the court fundamentally changes a first-order, long-standing paradigm of widespread application, some of its … prior case law may fall by the wayside. We believe that is what has happened to the recent controversy rule.
    Read the full opinion on CourtListener →

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