Cassady v. State, 683 So. 2d 1194 (Fla. 5th DCA 1996). · Go Syfert
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Cassady v. State, 683 So. 2d 1194 (Fla. 5th DCA 1996). Cases Citing This Book View Copy Cite
“appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so.”
13 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Butler v. State (fladistctapp, 2012-07-05)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Butler v. State
Fla. Dist. Ct. App. · 2012 · quote attribution · 1 verbatim quote · confidence high
appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so.
discussed Cited as authority (rule) Strong v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
The circuit court relied upon Ferris v. State, 100 So.3d 142, 144 (Fla. 1st DCA 2012) (Wetherell, J., concurring); Cassady v. State, 683 So.2d 1194, 1194 (Fla. 5th DCA 1996); and Isley v. State, 652 So.2d 409, 410 (Fla 5th DCA 1995), to find that Appellant had exhausted his postconviction remedies.
discussed Cited as authority (rule) Johnson v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
In the words of former Judge Antoon, "[it] appears to [us that defendant has] exhausted his post-conviction remedies and has certainly exhausted us in doing so." Cassady v. State, 683 So.2d 1194, 1194 (Fla. 5th DCA 1996); see also Johnson v. State, 680 So.2d 1101, 1102 (Fla. 5th DCA 1996) ("Even Herman Melville had to come to an ending in Moby Dick.").
discussed Cited as authority (rule) Hepburn v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
Cassady v. State, 683 So.2d 1194, 1194 (Fla. 5th DCA 1996) (the defendant "appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so").
discussed Cited as authority (rule) Davis v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
Defendant has made no such allegation about his 1983 appeal, and it is clear that he could make no such claim. [3] See Cassady v. State, 683 So.2d 1194, 1194 (Fla. 5th DCA 1996) (the defendant "appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so"), and Johnson v. State, 680 So.2d 1101, 1102 (Fla. 5th DCA 1996) (the defendant "seems not to have heard our message that a defendant is entitled to but one `bite at the apple' or that `enough is enough.'...
discussed Cited as authority (rule) Bradley v. State
Fla. Dist. Ct. App. · 1997 · confidence medium
The remarks of this Court in recent cases are equally applicable to this case: Cassady v. State, 683 So.2d 1194, 1194 (Fla. 5th DCA 1996) (the defendant "appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so"), and Johnson v. State, 680 So.2d 1101, 1102 (Fla. 5th DCA 1996) (the defendant "seems not to have heard our message that a defendant is entitled to but one `bite at the apple' or that `enough is enough.'...
discussed Cited as authority (rule) O'BRIEN v. State
Fla. Dist. Ct. App. · 1997 · confidence medium
Like other recent defendants, O'Brien seems to have no concept of the "one bite at the apple" rule or the "enough is enough" rule. [1] The remarks of this Court in recent cases are equally applicable to this case: Cassady v. State, 683 So.2d 1194, 1194 (Fla. 5th DCA 1996) (the defendant "appears to have exhausted his post-conviction remedies and has certainly exhausted us in doing so"), and Johnson v. State, 680 So.2d 1101, 1102 (Fla. 5th DCA 1996) (the defendant "seems not to have heard our message that a defendant is entitled to but one `bite at the apple' or that `enough is enough.'...
cited Cited "see" Manning v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Cassady v. State, 683 So.2d 1194 (Fla. 5th DCA 1996).
cited Cited "see" Harris v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Cassady v. State, 683 So.2d 1194 (Fla. 5th DCA 1996); Harris v. State, 661 So.2d 17 (Fla. 5th DCA 1995).
cited Cited "see" Hall v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Cassady v. State, 683 So.2d 1194 (Fla. 5th DCA 1996).
Retrieving the full opinion text from the archive…
Terry CASSADY, Appellant,
v.
STATE of Florida, Appellee.
96-3114.
District Court of Appeal of Florida, Fifth District.
Dec 20, 1996.
683 So. 2d 1194
Antoon.
Cited by 12 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: District Court of Appeal of Fl… (1)

Terry Cassady, Orlando, pro se.

No Appearance for Appellee.

ANTOON, Judge.

We have for review the trial court's order summarily denying Terry Cassady's motion to correct illegal sentence, pursuant to Florida Rules of Criminal Procedure 3.800(a). The trial court properly denied the motion as successive. Accordingly, we affirm.

In his rule 3.800 motion, Mr. Cassady raised the issues which had previously been denied in an earlier rule 3.850 motion for post-conviction relief. While a truly illegal sentence may be addressed at anytime, a defendant is not entitled to successive review of a specific issue which has already been decided against him in earlier post-conviction proceedings even if the question pertains to the legality of his sentence. Raley v. State, 675 So.2d 170, 173-74 (Fla. 5th DCA 1996), dismissed, 678 So.2d 1287 (Fla.1996).

This appeal amounts to Mr. Cassady's ninth action in this court, not including motions for rehearing. He appears to have exhausted his postconviction remedies and has certainly exhausted us in doing so. In order to conserve our resources, we order that Mr. Cassady is prohibited from filing any further pro se pleadings with this court concerning his 1991 conviction and sentence for four counts of attempted sexual battery.[*1195] See Isley v. State, 652 So.2d 409 (Fla. 5th DCA 1995). Additionally, we remind Mr. Cassady that section 944.28(2), Florida Statutes (Supp.1996), provides that "[a]ll or any part of the gain-time earned by a prisoner according to the provisions of law is subject to forfeiture if such prisoner ... is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal in any court...."

AFFIRMED.

PETERSON, C.J., and GOSHORN, J., concur.