MASON

v.

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA

Citator

Cited By

• Goodwin v. State, 751 So. 2d 537 (Fla. 1999)
  …tion can be reversed only if the error is “fundamental.” See, e.g., Chandler v. State, 702 So. 2d 186, 191 (Fla.1997), cert. denied, 523 U.S. 1083, 118 S.Ct. 1535, 140 L.Ed.2d 685 (1998); Whitfield v. State, 706 So. 2d 1, 4 (Fla.1997), cert. denied, 525 U.S. 840, 119 S.Ct. 103, 142 L.Ed.2d 82 (1998); Larkins v. State, 655 So. 2d 95, 98 (Fla.1995). Our appellate cases are filled with examples of errors that are unpreserved either because no objection was made6 or because the objection was not specific.7 If…
• Butler v. State, 842 So. 2d 817 (Fla. 2003)
  …ing opinion advocates revising Florida law on this specific issue, although it has been applied for twenty-eight years and has been repeatedly upheld by this Court — as recently as 1997. See Whitfield v. State, 706 So. 2d 1 (Fla.1997), cert. denied, 525 U.S. 840, 119 S.Ct. 103, 142 L.Ed.2d 82 (1998); Thompson v. State, 648 So. 2d 692 (Fla.1994), cert. denied, 515 U.S. 1125, 115 S.Ct. 2283, 132 L.Ed.2d 286 (1995); Brown v. State, 565 So. 2d 304 (Fla.1990), cert. denied, 498 U.S. 992, 111 S.Ct. 537, 112 L.Ed.…
• Whitfield v. State, 235 So. 3d 297 (Fla. 2018)
  …t entitled to relief. Whitfield was sentenced to death following a jury’s recommendation for death by a vote of seven to five. Whitfield v. State, 706 So. 2d 1, 3 (Fla. 1997). Whitfield’s sentence of death became final in 1998. Whitfield v. Florida, 525 U.S. 840, 119 S.Ct. 103, 142 L.Ed.2d 82 (1998). Thus, Hurst does not apply retroactively to Whitfield’s sentence of death. See Hitchcock, 226 So. 3d at 217. Accordingly, we affirm the denial of Whitfield’s motion. [*298] The Court having carefully considered…