30 Florida opinions name it 3 courts 1969–2019 0 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 |
|---|---|---|
McCray v. Stategreen2 sentences2019See McCray v. State , 699 So. 2d 1366 , 1368 (Fla. 1997) (explaining that the doctrine of laches is properly applied to a habeas petition when a defendant unreasonably delayed in bringing a claim, which prejudiced the State in responding). 2019See McCray v. State , 699 So. 2d 1366 , 1368 (Fla. 1997) (explaining that the doctrine of laches is properly applied to a habeas petition when a defendant unreasonably delayed in bringing a claim, which prejudiced the State in responding). | 2 | 2 |
Hayward v. Stategreen2 sentences1986We have previously held that "loss of the parole privilege ... is not occasioned by an independent act of the state which alone exposes the defendant to an otherwise impermissible ex post facto law." Hayward v. State, 467 So.2d 462, 464 (Fla. 2d DCA), petition for review denied, 476 So.2d 674 (Fla. 1985). 1985As recently noted by the Second District Court of Appeal in Hayward v. State, 467 So.2d 462, 464 (Fla. 2d DCA 1985): Although departure from a presumptive sentence in the context of a crime committed prior to October 1, 1983 does disadvantage the defendant through loss of the parole privilege, that loss is not occasioned by an independent act of the state which alone exposes the defendant to an otherwise impermissible ex post facto law. (citations omitted) The inequities of the law as it now stands, [7] particularly in this case, where an armed robber receives a life sentence without parole, r | 2 | 2 |
Florida Parole Commission v. Spazianogreen1 sentence2010"A parole hearing is an administrative proceeding" and "it is not part of a criminal prosecution." State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). *725 The majority here concludes, however, that because "challenges to the PPRD" are " analogous to collateral criminal proceedings" they "fall within the exception expressly set forth by the Legislature in section 57.085(10) for `collateral criminal proceedings.'" 48 So.3d at 723 (emphasis added). | 1 | 1 |
Scarlet v. Stategreen2 sentences2010"A parole hearing is an administrative proceeding" and "it is not part of a criminal prosecution." State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). *725 The majority here concludes, however, that because "challenges to the PPRD" are " analogous to collateral criminal proceedings" they "fall within the exception expressly set forth by the Legislature in section 57.085(10) for `collateral criminal proceedings.'" 48 So.3d at 723 (emphasis added). 2010“A parole hearing is an administrative proceeding” and “it is not part of a criminal prosecution.” State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). | 1 | 1 |
Schmidt v. Crusoegreen1 sentence2010In reaching this conclusion, the majority relies on our decision in Schmidt v. Crusoe, 878 So.2d 361, 367 (Fla.2003), where we held that "a gain time challenge is analogous to a collateral challenge to a sentence in a criminal proceeding because... the inmate's time in prison is directly affected." (Emphasis added.) But there is no justification for applying the unambiguous exception for "a collateral criminal proceeding" to a proceeding which is not "a collateral criminal proceeding" but which this Court determines to be "analogous" to such proceedings. | 1 | 1 |
State v. Scarletgreen2 sentences2010"A parole hearing is an administrative proceeding" and "it is not part of a criminal prosecution." State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). *725 The majority here concludes, however, that because "challenges to the PPRD" are " analogous to collateral criminal proceedings" they "fall within the exception expressly set forth by the Legislature in section 57.085(10) for `collateral criminal proceedings.'" 48 So.3d at 723 (emphasis added). 2010“A parole hearing is an administrative proceeding” and “it is not part of a criminal prosecution.” State v. Scarlet, 800 So.2d 220, 221 (Fla.2001) (quoting Scarlet v. State, 766 So.2d 1110, 1110-11 (Fla. 3d DCA 2000)). | 1 | 1 |
| Hendrix v. Stategreen | 1 | 1 |
| Greenholtz v. Inmates of the Nebraska Penal & Correctional Complexgreen | 1 | 1 |
| People v. Terlisnergreen | 1 | 1 |
| Dennis v. Stategreen | 1 | 1 |
| People v. Holmesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Morrissey v. Brewer
green
2 sentences2008"What is needed is an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee's behavior." Morrissey, 408 U.S. at 484 , 92 S.Ct. 2593 . 2008"What is needed is an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee's behavior." Morrissey, 408 U.S. at 484 , 92 S.Ct. 2593 . | 3 | 1974–2008 |
Pennsylvania Bd. of Probation and Parole v. Scott
green
2 sentences2001A parole hearing is an administrative proceeding conducted by non-lawyers in a non-judicial setting; "traditional rules of evidence generally do not apply." Id. at 366 , 524 U.S. 357 , 118 S.Ct. 2014 , 141 L.Ed.2d 344 . 2001A parole hearing is an administrative proceeding conducted by non-lawyers in a non-judicial setting; "traditional rules of evidence generally do not apply." Id. at 366 , 524 U.S. 357 , 118 S.Ct. 2014 , 141 L.Ed.2d 344 . | 2 | 2000–2001 |
Richardson v. State
green
2 sentences1994Richardson, like Kirkland, wanted the new sentence to "run concurrently with any sentence received for the parole violation in New Jersey." 432 So.2d at 751 . 1993Ramos v. State, 513 So.2d 1097 (Fla.2d DCA 1987); Richardson v. State, 432 So.2d 750 (Fla.2d DCA 1983). | 2 | 1993–1994 |
Hamilton v. State
neutral
2 sentences1991Pope v. State, 561 So.2d 554 (Fla.1990); Hamilton v. State, 548 So.2d 234 (Fla.1989). 1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926 | 2 | 1991–1991 |
Gaddy v. Turner
green
2 sentences1982He nevertheless asserts that Kentucky, by statutory amendment, has specifically included parole and probation violation detainers within the coverage of its IAD, and that since at least one Florida court, in Gaddy v. Turner, 376 So.2d 1225 (Fla. 2nd DCA 1979), has recognized the application of Florida's IAD to detainers based on probation violations, this court can and should extend the application of Florida's IAD to detainers based on parole violations. 1981The trial court held that under Gaddy v. Turner, 376 So.2d 1225 (Fla.2d DCA 1979), the state had violated appellee's rights by failing to hold a hearing pursuant to appellee's request of September 12, 1978 for final disposition of the warrant within one hundred eighty days as required by section 941.45(3)(a) Florida Statutes. | 2 | 1981–1982 |
Miller v. Alabama
green
2 sentences2016Thus, while technically Atwell is parole-eligible, it is a virtual certainty that Atwell will spend the rest of his life in prison. : The issue we consider is whether At-well’s sentence for first-degree murder is constitutional, in light of the United States Supreme Court’s decision in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), which held that the Eighth Amendment “forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” We conclude that Florida’s existing parole system, as set forth by statute, does not pr 2016Thus, while technically Atwell is parole-eligible, it is a virtual certainty that Atwell will spend the rest of his life in prison. : The issue we consider is whether At-well’s sentence for first-degree murder is constitutional, in light of the United States Supreme Court’s decision in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 2469 , 183 L.Ed.2d 407 (2012), which held that the Eighth Amendment “forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders.” We conclude that Florida’s existing parole system, as set forth by statute, does not pr | 1 | 2016–2016 |
Bernhardt v. State
green
1 sentence2008Acknowledging these due process requirements, this Court stated, "[T]he evidence upon which to predicate a revocation introduced at the hearing must be sufficient to satisfy the conscience of the court that a condition of probation has been violated." Bernhardt, 288 So.2d at 495 . | 1 | 2008–2008 |
Sims v. State
green
1 sentence2003Id. at 1115 . | 1 | 2003–2003 |
Girtman v. State
green
1 sentence2000Cf. Girtman v. State, 617 So.2d 1168 (Fla. 5th DCA 1993). | 1 | 2000–2000 |
Ramos v. State
green
1 sentence1993Ramos v. State, 513 So.2d 1097 (Fla.2d DCA 1987); Richardson v. State, 432 So.2d 750 (Fla.2d DCA 1983). | 1 | 1993–1993 |
Deer v. State
green
1 sentence1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926 | 1 | 1991–1991 |
Keys v. State
neutral
1 sentence1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926 | 1 | 1991–1991 |
Roberts v. State
neutral
1 sentence1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R. | 1 | 1991–1991 |
| Eldridge v. State neutral | 1 | 1991–1991 |
| Hankey v. State green | 1 | 1991–1991 |
| Young v. State green | 1 | 1991–1991 |
| Frierson v. State green | 1 | 1991–1991 |
| Pope v. State green | 1 | 1991–1991 |
| Lambert v. State green | 1 | 1991–1991 |
| McCuiston v. State green | 1 | 1991–1991 |
| Hamilton v. State green | 1 | 1991–1991 |
| Wesson v. State green | 1 | 1991–1991 |
| State v. Frierson neutral | 1 | 1991–1991 |
Eldridge v. State
neutral
1 sentence1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926 | 1 | 1991–1991 |
Jackson v. State
neutral
1 sentence1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R. | 1 | 1991–1991 |
Wesson v. State
green
1 sentence1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926 | 1 | 1991–1991 |
Glenn v. State
neutral
1 sentence1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R. | 1 | 1991–1991 |
Watson v. State
green
1 sentence1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R. | 1 | 1991–1991 |
Ramsey v. State
neutral
1 sentence1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R. | 1 | 1991–1991 |
Ree v. State
green
1 sentence1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R. | 1 | 1991–1991 |
Ricketson v. State
green
1 sentence1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R. | 1 | 1991–1991 |
| Maddox v. State green | 1 | 1991–1991 |
Dewberry v. State
green
1 sentence1991Ree v. State, 565 So.2d 1329 (Fla. 1990); Hamilton v. State, 548 So.2d 234 (Fla. 1989); Dewberry v. State, 546 So.2d 409 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ramsey v. State, 562 So.2d 394 (Fla. 5th DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). [18] See N. Holten and R. | 1 | 1991–1991 |
| Hankey v. State green | 1 | 1991–1991 |
| Lerma v. State green | 1 | 1991–1991 |
| Deer v. State green | 1 | 1991–1991 |
Lerma v. State
green
1 sentence1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926 | 1 | 1991–1991 |
| Keys v. State green | 1 | 1991–1991 |
Hendrix v. State
green
2 sentences1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926 1991Likewise a parole violation is not a substantive offense and for the same reason cannot be relied on as a ground for departure. [13] This is true notwithstanding that the guidelines state (Florida Rule of Criminal Procedure 3.701 b. 6.) "... sentencing guidelines are designed to aid the judge in the sentencing decision and are not intended to usurp judicial discretion... ." [14] Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). [15] 475 So.2d 1218, 1220 (Fla. 1985). [16] Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla. 1990); Hamilton v. State, 533 So.2d 926 | 1 | 1991–1991 |
| State v. Green green | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.