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9 Florida opinions name it 2 courts 2006–2018 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 |
|---|---|---|
Schmidt v. Crusoegreen2 sentences2010In our judgment, a petition for writ of mandamus challenging a PPRD is a "collateral criminal proceeding." In Schmidt v. Crusoe, 878 So.2d 361, 367 (Fla.2003), the supreme court concluded "that a gain time challenge is analogous to a collateral challenge to a sentence in a criminal proceeding because the end result is the same—the inmate's time in prison is directly affected." Under such circumstances, the general indigency statute, section 57.01, Florida Statutes, applies. .... 2010In 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. | 3 | 7 |
Schmidt v. McDonoughgreen2 sentences2018See Schmidt v. McDonough, 951 So. 2d 797, 802-03 (Fla. 2006) (concluding that “because the underlying mandamus petition in this case is a ‘mixed’ petition, containing both a gain time claim and a civil claim, the petition itself is subject to the prepayment and lien requirements of the prisoner indigency statute”); see also Thomas v. Dep’t of Corr., 159 So. 3d 291, 292 (Fla. 1st DCA 2015) (finding that the appellant’s mandamus petition challenging his inability to earn gain time and loss of eligibility for a work release program was a mixed petition subject to section 57.085). 2007Our supreme court has rejected the proposition "that a `mixed' petition — a petition where a civil claim is piggy-backed onto a gain time claim — is exempt from the prepayment and lien requirements of the prisoner indigency statute [as] . . . lack[ing] merit." Id. at 802 . | 1 | 2 |
Ralph A. Thomas v. Department of Correctionsgreen1 sentence2018See Schmidt v. McDonough, 951 So. 2d 797, 802-03 (Fla. 2006) (concluding that “because the underlying mandamus petition in this case is a ‘mixed’ petition, containing both a gain time claim and a civil claim, the petition itself is subject to the prepayment and lien requirements of the prisoner indigency statute”); see also Thomas v. Dep’t of Corr., 159 So. 3d 291, 292 (Fla. 1st DCA 2015) (finding that the appellant’s mandamus petition challenging his inability to earn gain time and loss of eligibility for a work release program was a mixed petition subject to section 57.085). | 1 | 1 |
Bush v. Stategreen2 sentences2010See Bush v. State, 945 So.2d 1207, 1210 (Fla.2006), ("[I]f the prisoner alleges entitlement to immediate release, a petition for writ of habeas corpus is the proper remedy; whereas if the prisoner does not allege entitlement to immediate release, a petition for writ of mandamus is the proper remedy." (footnote omitted)). 2010See Bush v. State, 945 So.2d 1207, 1210 (Fla.2006), ("[I]f the prisoner alleges entitlement to immediate release, a petition for writ of habeas corpus is the proper remedy; whereas if the prisoner does not allege entitlement to immediate release, a petition for writ of mandamus is the proper remedy." (footnote omitted)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bill Holt Sales & Leasing, Inc. v. Cousins
green
1 sentence2006Although this court has not specifically addressed the question whether the collateral criminal proceeding exclusion from the imposition of a lien on a prisoner’s trust account applies to challenges to actions of the Parole Commission, the Fourth District Court of Appeal in Thomas v. State, 904 So.2d 502 (Fla. 4th DCA 2005), has. | 1 | 2006–2006 |
Cox v. Crosby
green
1 sentence2006In Cox v. Crosby, 27 So.3d 45 (Fla. 1st DCA 2006), an inmate challenged, by a petition for a writ of mandamus, a statute which precluded the inmate from earning basic gain-time. | 1 | 2006–2006 |
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.