ADAMS

v.

PEAT, MARWICK, MITCHELL & CO.

Citator

Cited By (123 total)

• State v. Neil, 457 So. 2d 481 (Fla. 1984)
  …f retroactive application were possible, however, we do not find our decision to be such a change in the law as to warrant retroactivity or to warrant relief in collateral proceedings as set out in Witt v. State, 387 So. 2d 922 (Fla.), cert. denied, 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980). To recapitulate, a party’s peremptories cannot be examined until the issue is properly presented to the trial court and until the trial court has determined that such examination is warranted. If such occurs,…
• State v. Callaway, 658 So. 2d 983 (Fla. 1995)
  …g this question, the court recognized that a change of law will not be retroactively applied to provide postcon-vietion relief under rule 3.850 unless it satisfies the three-prong test set forth in Witt v. State, 387 So. 2d 922 (Fla.), cert. denied, 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980). Callaway, 642 So. 2d at 640. The court concluded that the rule announced in Hale satisfied the Witt standards for retroactive application and a two-year window following Hale should be available to those whose…
• Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)
  …Fourth Amendment, rather than statutory, violations. . Although we cite to some federal decisions, we explicitly decide this case on state constitutional grounds. . This is not inconsistent with Witt v. State, 387 So. 2d 922 (Fla.), cert. denied, 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980), where we addressed the retrospective application of changes in criminal law to cases on collateral review. Although we have occasionally applied precedent retrospectively on collateral review, see, e.g., Bass v…