Dillbeck claim (Florida) · Go Syfert
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Dillbeck claim in Florida

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.

Followed or applied (7)

CaseFollowedCited
Duane Eugene Owen v. State of Floridagreen
fla · 2023 · cited in 2 Florida opinions naming this issue, 2025–2025
2 sentences

2025See 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

22
Donald David Dillbeck v. State of Florida & Donald David Dillbeck v. Ricky D. Dixon, etc.green
fla · 2023 · cited in 2 Florida opinions naming this issue, 2025–2025
2 sentences

2025See 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

12
James Milton Dailey v. State of Floridagreen
fla · 2021 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023See Dailey, 329 So. 3d at 1285.

11
Breedlove v. Singletarygreen
fla · 1992 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023This 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)).

11
Henry v. Stategreen
fla · 2013 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023Henry v. State, 125 So. 3d 745, 750 (Fla. 2013).

11
Gary Ray Bowles v. State of Florida and Gary Ray Bowles v. Mark S. Inch, etc.green
fla · 2019 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023This 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.

11
William James Deparvine v. State of Floridagreen
fla · 2014 · cited in 1 Florida opinions naming this issue, 2023–2023
1 sentence

2023This 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)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Louis B. Gaskin v. State of Florida & Louis B. Gaskin v. Ricky D. Dixon, etc. green
fla · 2023
2 sentences

2025See 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

22025–2025
David Joseph Pittman v. State of Florida green
fla · 2022
1 sentence

2023This 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.

12023–2023
Atkins v. Virginia green
scotus · 2002
1 sentence

2023Atkins 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.

12023–2023
Roper v. Simmons green
scotus · 2005
1 sentence

2023Atkins 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.

12023–2023
Hurst v. Florida green
scotus · 2016
1 sentence

2018V, § 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).

12018–2018
Timothy Lee Hurst v. State of Florida red
fla · 2016
1 sentence

2018V, § 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).

12018–2018
Allen v. United States green
scotus · 2017
1 sentence

2018This 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).

12018–2018
James Ernest Hitchcock v. State of Florida green
fla · 2017
1 sentence

2018This 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).

12018–2018
Florida v. Hurst green
scotus · 2017
1 sentence

2018V, § 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).

12018–2018
Bell v. Cone green
scotus · 2002
2 sentences

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 .

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 .

12004–2004
Ring v. Arizona green
scotus · 2002
2 sentences

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).

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).

12004–2004

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