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5 Florida opinions name it 1 courts 2004–2025 3 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Duane Eugene Owen v. State of Floridagreen2 sentences2025See Owen, 364 So. 3d at 1027 (declining to recognize Owen’s claim that thirty-seven years on death row constitutes cruel and unusual punishment); Dillbeck v. State, 357 So. 3d 94 , 103 (Fla. 2023) (affirming the denial of Dillbeck’s claim that executing him after thirty years on death row constitutes cruel and unusual punishment, “consistent with our longstanding precedent that such claims are ‘facially invalid,’ ” and concluding that “Dillbeck’s arguments about conditions on death row do not persuade us that our precedent is ‘clearly erroneous’ ”); - 14 - Gaskin v. State, 361 So. 3d 300 , 308 2025Id.; see Owen v. State, 364 So. 3d 1017 , 1027 (Fla. 2023) (declining to recognize Owen’s claim that thirty-seven years on death row constitutes cruel and unusual punishment); Dillbeck, 357 So. 3d at 103 (affirming the denial of Dillbeck’s claim that executing him after thirty years on death row constitutes cruel and unusual punishment, “consistent with our - 20 - longstanding precedent that such claims are ‘facially invalid,’ ” and concluding that “Dillbeck’s arguments about conditions on death row do not persuade us that our precedent is ‘clearly erroneous’ ”); Gaskin v. State, 361 So. 3d 30 | 2 | 2 |
Donald David Dillbeck v. State of Florida & Donald David Dillbeck v. Ricky D. Dixon, etc.green2 sentences2025See Owen, 364 So. 3d at 1027 (declining to recognize Owen’s claim that thirty-seven years on death row constitutes cruel and unusual punishment); Dillbeck v. State, 357 So. 3d 94 , 103 (Fla. 2023) (affirming the denial of Dillbeck’s claim that executing him after thirty years on death row constitutes cruel and unusual punishment, “consistent with our longstanding precedent that such claims are ‘facially invalid,’ ” and concluding that “Dillbeck’s arguments about conditions on death row do not persuade us that our precedent is ‘clearly erroneous’ ”); - 14 - Gaskin v. State, 361 So. 3d 300 , 308 2025Id.; see Owen v. State, 364 So. 3d 1017 , 1027 (Fla. 2023) (declining to recognize Owen’s claim that thirty-seven years on death row constitutes cruel and unusual punishment); Dillbeck, 357 So. 3d at 103 (affirming the denial of Dillbeck’s claim that executing him after thirty years on death row constitutes cruel and unusual punishment, “consistent with our - 20 - longstanding precedent that such claims are ‘facially invalid,’ ” and concluding that “Dillbeck’s arguments about conditions on death row do not persuade us that our precedent is ‘clearly erroneous’ ”); Gaskin v. State, 361 So. 3d 30 | 1 | 2 |
James Milton Dailey v. State of Floridagreen1 sentence2023See Dailey, 329 So. 3d at 1285. | 1 | 1 |
Breedlove v. Singletarygreen1 sentence2023This claim is procedurally barred and meritless. “[H]abeas corpus ‘is not a second appeal and cannot be used to litigate or relitigate issues which could have been . . . or were raised on direct appeal.’ ” Deparvine v. State, 146 So. 3d 1071, 1108 (Fla. 2014) (quoting Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992)). | 1 | 1 |
Henry v. Stategreen1 sentence2023Henry v. State, 125 So. 3d 745, 750 (Fla. 2013). | 1 | 1 |
Gary Ray Bowles v. State of Florida and Gary Ray Bowles v. Mark S. Inch, etc.green1 sentence2023This Court has explained that an intellectual disability claim that is based on newly discovered evidence must be filed “within one year of the date upon which the claim became discoverable through due diligence.” Pittman v. State, 337 So. 3d 776 , 777 (Fla. 2022); see also Bowles, 276 So. 3d at 794 (affirming summary denial of untimely intellectual disability claim). -7- Dillbeck’s claim depends on his ND-PAE diagnosis. | 1 | 1 |
William James Deparvine v. State of Floridagreen1 sentence2023This claim is procedurally barred and meritless. “[H]abeas corpus ‘is not a second appeal and cannot be used to litigate or relitigate issues which could have been . . . or were raised on direct appeal.’ ” Deparvine v. State, 146 So. 3d 1071, 1108 (Fla. 2014) (quoting Breedlove v. Singletary, 595 So. 2d 8, 10 (Fla. 1992)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Louis B. Gaskin v. State of Florida & Louis B. Gaskin v. Ricky D. Dixon, etc.
green
2 sentences2025See Owen, 364 So. 3d at 1027 (declining to recognize Owen’s claim that thirty-seven years on death row constitutes cruel and unusual punishment); Dillbeck v. State, 357 So. 3d 94 , 103 (Fla. 2023) (affirming the denial of Dillbeck’s claim that executing him after thirty years on death row constitutes cruel and unusual punishment, “consistent with our longstanding precedent that such claims are ‘facially invalid,’ ” and concluding that “Dillbeck’s arguments about conditions on death row do not persuade us that our precedent is ‘clearly erroneous’ ”); - 14 - Gaskin v. State, 361 So. 3d 300 , 308 2025Id.; see Owen v. State, 364 So. 3d 1017 , 1027 (Fla. 2023) (declining to recognize Owen’s claim that thirty-seven years on death row constitutes cruel and unusual punishment); Dillbeck, 357 So. 3d at 103 (affirming the denial of Dillbeck’s claim that executing him after thirty years on death row constitutes cruel and unusual punishment, “consistent with our - 20 - longstanding precedent that such claims are ‘facially invalid,’ ” and concluding that “Dillbeck’s arguments about conditions on death row do not persuade us that our precedent is ‘clearly erroneous’ ”); Gaskin v. State, 361 So. 3d 30 | 2 | 2025–2025 |
David Joseph Pittman v. State of Florida
green
1 sentence2023This Court has explained that an intellectual disability claim that is based on newly discovered evidence must be filed “within one year of the date upon which the claim became discoverable through due diligence.” Pittman v. State, 337 So. 3d 776 , 777 (Fla. 2022); see also Bowles, 276 So. 3d at 794 (affirming summary denial of untimely intellectual disability claim). -7- Dillbeck’s claim depends on his ND-PAE diagnosis. | 1 | 2023–2023 |
Atkins v. Virginia
green
1 sentence2023Atkins v. Virginia, 536 U.S. 304 (2002); Roper v. Simmons, 543 U.S. 551 (2005). - 10 - Likewise, if Dillbeck’s claim is not a newly discovered evidence claim subject to the time and due diligence limitations of rule 3.851(d)(2)(A), then it is not cognizable in a rule 3.851 successive postconviction motion. | 1 | 2023–2023 |
Roper v. Simmons
green
1 sentence2023Atkins v. Virginia, 536 U.S. 304 (2002); Roper v. Simmons, 543 U.S. 551 (2005). - 10 - Likewise, if Dillbeck’s claim is not a newly discovered evidence claim subject to the time and due diligence limitations of rule 3.851(d)(2)(A), then it is not cognizable in a rule 3.851 successive postconviction motion. | 1 | 2023–2023 |
Hurst v. Florida
green
1 sentence2018V, § 3(b)(1), Fla. Const. Dillbeck’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). | 1 | 2018–2018 |
Timothy Lee Hurst v. State of Florida
red
1 sentence2018V, § 3(b)(1), Fla. Const. Dillbeck’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). | 1 | 2018–2018 |
Allen v. United States
green
1 sentence2018This Court stayed Dillbeck’s appeal pending the disposition of Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017). | 1 | 2018–2018 |
James Ernest Hitchcock v. State of Florida
green
1 sentence2018This Court stayed Dillbeck’s appeal pending the disposition of Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017). | 1 | 2018–2018 |
Florida v. Hurst
green
1 sentence2018V, § 3(b)(1), Fla. Const. Dillbeck’s motion sought relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). | 1 | 2018–2018 |
Bell v. Cone
green
2 sentences2004The United States Supreme Court's recent decision in Bell v. Cone, 535 U.S. 685 , 122 S.Ct. 1843 , 152 L.Ed.2d 914 (2002), suggests that such a claim should be analyzed under the two-pronged standard of Strickland rather than the presumed-prejudice standard of Cronic . 2004The United States Supreme Court's recent decision in Bell v. Cone, 535 U.S. 685 , 122 S.Ct. 1843 , 152 L.Ed.2d 914 (2002), suggests that such a claim should be analyzed under the two-pronged standard of Strickland rather than the presumed-prejudice standard of Cronic . | 1 | 2004–2004 |
Ring v. Arizona
green
2 sentences2004Dillbeck now appeals the circuit court's denial of relief. [6] He also petitions this Court for a writ of habeas corpus, arguing that Florida's capital sentencing statute is unconstitutional under Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002). 2004Dillbeck now appeals the circuit court's denial of relief. [6] He also petitions this Court for a writ of habeas corpus, arguing that Florida's capital sentencing statute is unconstitutional under Ring v. Arizona, 536 U.S. 584 , 122 S.Ct. 2428 , 153 L.Ed.2d 556 (2002). | 1 | 2004–2004 |