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511 So. 2d 1038·
Fla. 1st DCA·
1987-08-05
·cited 56×
Frederick Hall appeals the denial of his post-conviction Rule 3.850 motion challenging a 20-year departure sentence based on habitual offender status. The Florida Supreme Court's Whitehead decision, issued after Hall's sentencing became final, invalidated habitual offender status
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428 F.2d 169·
4th Cir.·
1970-05-22
·cited 54×
The Sixth Amendment, applied via the Fourteenth, requires that a juvenile have the right to counsel at a waiver of juvenile jurisdiction hearing, and this right applies retroactively.
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510 F.2d 1014·
5th Cir.·
1975-04-02
·cited 46×
The court held that the Wingate principle, which prohibits the state from relitigating any issue determined in a prior prosecution, should be applied retroactively to cases that became final before Wingate was decided.
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213 So. 3d 340·
Fla.·
2016-10-20
·cited 38×
Frank Walls, sentenced to death for two murders, appealed the circuit court's summary denial of his claim that he is intellectually disabled and therefore ineligible for execution under Atkins v. Virginia. The Florida Supreme Court reversed and remanded for an evidentiary hearing
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438 F.2d 663·
2d Cir.·
1971-02-16
·cited 34×
The court held that convictions based on statutory presumptions later found unconstitutional, where no proof was offered for essential elements of the crime, are fatally tainted by a lack of due process and should be vacated, even if the issue was not raised at trial.
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360 F.2d 389·
2d Cir.·
1966-04-29
·cited 22×
The Supreme Court decisions in Massiah and Escobedo should not be applied retroactively to void convictions that occurred before their pronouncements.
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480 F.2d 504·
6th Cir.·
1973-06-15
·cited 12×
The court held that the Brooks decision, extending Fifth Amendment protections against self-incrimination, should be applied prospectively, meaning it applies to critical stages occurring after the Brooks decision.
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791 F.2d 350·
5th Cir.·
1986-06-07
·cited 8×
The court held that the Batson v. Kentucky rule should not be applied retroactively to federal habeas proceedings, and vacated the district court's stay of execution.
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598 F.2d 835·
4th Cir.·
1979-05-09
The court held that the Supreme Court's decision in United States v. Mauro, which interpreted the Interstate Agreement on Detainers, does not apply retroactively to state convictions that became final before Mauro was decided.
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465 F.2d 727·
6th Cir.·
1972-08-16
The court held that North Carolina v. Pearce, which prohibits imposing a harsher sentence upon retrial without justification, must be applied retroactively in all respects.