O'RILEY v. State, 974 So. 2d 455 (Fla. 2d DCA 2008). · Go Syfert
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O'RILEY v. State, 974 So. 2d 455 (Fla. 2d DCA 2008). Cases Citing This Book View Copy Cite
32 citation events (32 in the last 25 years) across 1 distinct court.
Strongest positive: GIVANNI TORRELL PARKS v. State (fladistctapp, 2021-03-17)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) GIVANNI TORRELL PARKS v. State
Fla. Dist. Ct. App. · 2021 · confidence medium
Stephens v. State, 974 So. 2d 455, 457 (Fla. 2d DCA 2008) (citations omitted); see Johnson v. State, 226 So. 3d 908, 910 (Fla. 4th DCA 2017) (Appellate courts have “inherent authority to grant a writ of habeas corpus to avoid incongruous and manifestly unfair results.”) (citation 5 omitted); Harris v. State, 12 So. 3d 764, 765 (Fla. 3d DCA 2008) (“An appellate court should correct manifest injustice in habeas corpus proceedings.”) (citation omitted).
discussed Cited as authority (rule) LUIS HOLLIS v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2020 · confidence medium
Finding that “[t]his Court has ‘inherent authority to grant a writ of habeas corpus to avoid incongruous and manifestly unfair results,’” id. (quoting Stephens v. State, 974 So. 2d 455, 457 (Fla. 2d DCA 2008)), we granted Johnson’s petition.
cited Cited as authority (rule) LAVORIS JOHNSON v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2017 · confidence medium
This Court has “inherent authority to grant a writ of habeas corpus to avoid incongruous and manifestly unfair results.” Stephens v. State, 974 So.2d 455, 457 (Fla. 2d DCA 2008).
discussed Cited as authority (rule) Plasencia v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
See, e.g., Haager v. State, 36 So.3d 883, 884 (Fla. 2d DCA 2010); Bronk v. State, 25 So.3d 701, 702-03 (Fla. 2d DCA 2010); Brinson v. State, 995 So.2d 1047, 1049 (Fla. 2d DCA 2008); Stephens v. State, 974 So.2d 455, 457 (Fla. 2d DCA 2008); Cilio v. State, 913 So.2d 1233, 1233 (Fla. 2d DCA 2005).
cited Cited as authority (rule) Sneed v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
Stephens v. State, 974 So.2d 455, 457 (Fla. 2d DCA 2008).
discussed Cited as authority (rule) Copeland v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
King v. State, 681 So.2d 1136, 1138 (Fla.1996), receded from on other grounds by Carter v. State, 786 So.2d 1173 (Fla.2001); Allen v. State, 599 So.2d 996, 997 (Fla.1992) (holding that maximum sentences in HFO statutes are permissive); Stephens v. State, 974 So.2d 455, 456 (Fla. 2d DCA 2008) (holding that the sentencing court has discretion when imposing an HFO sentence); Pankhurst v. State, 796 So.2d 618, 620 (Fla. 2d DCA 2001).
discussed Cited as authority (rule) Figueroa v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2012 · confidence medium
In order “to prevent a manifest injustice and a denial of due process, relief may be afforded even to a litigant raising a successive claim.” Stephens v. State, 974 So.2d 455, 457 (Fla. 2d DCA 2008); see also State v. McBride, 848 So.2d 287, 291-92 (Fla.2003) (concluding that the collateral estoppel doctrine contains an exception where manifest injustice is shown).
cited Cited as authority (rule) HAAGER v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Stephens v. State, 974 So.2d 455, 457 (Fla. 2d DCA 2008).
discussed Cited "see, e.g." Michael D. LoCascio v. the State of Florida
Fla. Dist. Ct. App. · 2024 · signal: see also · confidence low
Pa. 2019)) (internal quotations and brackets omitted); see also Johnson v. State, 226 So. 3d 908, 911 (Fla. 4th DCA 2017) (“[O]ur authority to grant a writ of habeas corpus based on manifest injustice should only be exercised in ‘uncommon and extraordinary circumstances.’”) (quoting Stephens v. State, 974 So. 2d 455 , 457–58 (Fla. 2d DCA 2008)); Cuffy v. State, 190 So. 3d 86, 87 (Fla. 4th DCA 2015) (explaining that manifest injustice applies as an exception “in only the rarest and most exceptional of situations”); Hechevarria-Figuerro v. State, 305 So. 3d 755 , 759 (Fla. 3d DCA 2…
discussed Cited "see, e.g." ANTHONY MCMILLAN v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · signal: see also · confidence medium
See Prince v. State, 98 So. 3d 768 (Fla. 4th DCA 2012) (granting habeas relief where the trial court erroneously believed it was required to impose a life sentence and the appellate court had failed to recognize the error in previous cases); Johnson v. State, 9 So. 3d 640 (Fla. 4th DCA 2009) (same); see also Stephens v. State, 974 So. 2d 455, 457-58 (Fla. 2d DCA 2008) (recognizing that an appellate court has inherent authority to grant a writ of habeas corpus to avoid “manifestly unfair results”).
Retrieving the full opinion text from the archive…
Richard S. O'RILEY, Appellant,
v.
STATE of Florida, Appellee.
2D06-4970.
District Court of Appeal of Florida, Second District.
Jan 16, 2008.
974 So. 2d 455
Davis.
Cited by 1 opinion  |  Published

James. Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Deborah Fraim. Hogge, Assistant Attorney General, Tampa, for Appellee.

DAVIS, Judge.

Richard S. O'Riley contends on appeal that remarks made by the trial court judge at the postconviction hearing indicate that the judge had been biased against him in imposing sentence. Having found no merit in O'Riley's argument, we affirm. However, given the fact that O'Riley filed a premature, improperly designated motion to reduce sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), which we have not addressed, we affirm without prejudice to O'Riley now filing a motion to reduce sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), if appropriate.

Affirmed.

ALTENBERND and STRINGER, JJ., Concur.