Case Citator › State v. Gray

State v. Gray

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

Superseded by statute
Court
Supreme Court of Florida
Citation
654 So. 2d 552
Decided
Confirmed treatments
1
Flagged citations read
43 of 43
Citing cases (total)
43
Treatment dates
2010
Superseded by statute
A reviewed court treats this case as superseded by later legislation. State v. Gray’s rule that Florida then recognized no attempted felony murder offense was superseded prospectively by statute. All 43 flagged citations have been read.
More on how this was screened

Gray remains relevant to offenses governed by the earlier law, while Florida now provides for a statutory offense with different elements. The confirmed statutory change is listed below.

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.

43 later cases cite State v. Gray; 43 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. 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 State v. Gray?

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

Superseded by statute

  • The Florida Supreme Court explained that the Legislature responded to Gray by creating a statutory offense and later expressly providing for attempted felony murder.

    Coicou v. State · Supreme Court of Florida · filed

    The Legislature in 1996, in response to our decision in Gray, enacted section 782.051, which created the offense of “Felony causing bodily injury.” See ch. 96-359, § 1, at 2052, Laws of Fla. In 1998, the Legislature substantially rewrote section 782.051 and retitled it “Attempted felony murder.” See ch. 98-204, § 12, at 1970, Laws of Fla.2 Thus, attempted felony murder is specifically provided for by statute.
    Read the full opinion on CourtListener →

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