BALTSAVIAS

v.

SECRETARY OF HEALTH AND HUMAN SERVICES

Citator

Cited By

• Wyche v. State, 906 So. 2d 1142 (Fla. 1st DCA 2005)
  …th, 412 U.S. at 218, 93 S.Ct. 2041; United States v. Carter, 884 F. 2d 368, 375 (8th Cir.1989)(stating rule that deception “standing alone” does not invalidate consent). See generally People v. Santistevan, 715 P. 2d 792 (Colo.1986), cert. denied, 479 U.S. 965, 107 S.Ct. 468, 93 L.Ed.2d 412 (1986)(misrepresentation by police about the purpose of a search may weigh against a finding of consent but does not invalidate consent); State v. Johnson, 253 Kan. 356, 856 P. 2d 134 (1993)(police could obtain consent…
• Miami-Dade Police Dep't v. Martinez, 838 So. 2d 672 (Fla. 3d DCA 2003)
  …h, 412 U.S. at 218, 93 S.Ct. 2041; United States v. Carter, 884 F. 2d 368, 375 (8th Cir.l989)(stating rule that deception “standing alone” does not invalidate consent). See generally People v. Santistev-an, 715 P. 2d 792 (Colo.1986), cert, denied, 479 U.S. 965,107 S.Ct. 468, 93 L.Ed.2d 412 (1986)(misrepresentation by police about the purpose of a search may weigh against a finding of consent but does not invalidate consent); State v. Johnson, 253 Kan. 356, 856 P. 2d 134 (1993)(poliee could obtain consent…
• Emil Carsetti v. State OF Me., 932 F.2d 1007 (1st Cir. 1991)
  …curate information, i.e. that there was actual prejudice. United States v. Kovic, 830 F. 2d 680, 685 (7th Cir.1987), cert. denied, 484 U.S. 1044, 108 S.Ct. 778, 98 L.Ed.2d 864 (1988); McCrae v. Blackburn, 793 F. 2d 684, 688 (5th Cir.), cert. denied, 479 U.S. 965, 107 S.Ct. 466, 93 L.Ed.2d 411 (1986). What we concluded with respect to prejudice in the ineffectiveness context applies equally to the due process claim. The evidence shows that the sentencing judge relied on petitioner’s entire criminal history,…