Prejudice From Delay

141 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State v. Polk
  993 So. 2d 581· Fla. 1st DCA· 2008-10-24 ·cited 2×
  The court held that the trial court erred in dismissing the charges based on a constitutional speedy trial violation, as the delay was justified and the defendant did not assert his right or demonstrate prejudice.
• Gutierrez v. Moriarty
  922 F.2d 1464· 10th Cir.· 1991-01-07 ·cited 2×
  The majority's conclusion that the New Mexico procedural bar rule is not adequate for speedy trial claims is incorrect because it misinterprets state case law and presumes state courts are not faithful to their rules.
• Judd v. Baer
  911 F.2d 571· 11th Cir.· 1990-09-07 ·cited 2×
  The failure of the National Appeals Board (NAB) to render a decision within sixty days, as mandated by 18 U.S.C. § 4215(b), does not create an entitlement to habeas relief for the prisoner or parolee awaiting the decision.
• United States v. Bear
  887 F.2d 897· 8th Cir.· 1989-10-19 ·cited 2×
  The court held that a parole revocation decision rendered fourteen days after the statutory deadline, due to holiday delays, was in substantial compliance and the delay was reasonable, thus not warranting dismissal.
• Ringstaff v. Howard
  861 F.2d 644· 11th Cir.· 1989-02-06 ·cited 2×
• State v. Alphonso Wallace
  401 So. 2d 863· Fla. 1st DCA· 1981-07-10 ·cited 2×
  Florida appeals a trial court's dismissal of an escape charge against Wallace based on alleged deprivation of the right to speedy prosecution. The appellate court reverses, holding that Wallace failed to demonstrate prejudice from the three-and-a-half-month delay between his retu
• The Sch. Bd. OF Sarasota Cnty. v. Fla. Pub. Emps. Relations Comm'n
  382 So. 2d 1361· Fla. 2d DCA· 1980-05-02 ·cited 2×
  The School Board of Sarasota County challenged an administrative decision by the Public Employees Relations Commission regarding union representation elections and employee classifications. The appellate court affirmed PERC's decision with one modification, finding that PERC erre
• United States v. Bresley
  548 F.2d 223· 8th Cir.· 1977-01-17 ·cited 2×
  The court held that the defendant's conviction for interstate transportation of a stolen automobile should be affirmed.
• United States v. Milstein
  401 F.2d 51· 7th Cir.· 1968-08-15 ·cited 2×
  The court held that the defendant's possession of refilled liquor bottles violated 26 U.S.C. § 5301(c)(2) and that his failure to object to jury instructions in the district court waived the right to raise them on appeal. The court also held that the defendant failed to show prej
• Love v. Page
  351 F.2d 303· 10th Cir.· 1965-10-05 ·cited 2×
  The court held that the delay between arrest and trial, without demonstrated prejudice, is insufficient to invalidate a conviction for federal habeas corpus purposes. New claims not presented to the trial court cannot be considered on appeal.
• Cleveland Eans v. State
  366 So. 2d 540· Fla. 3d DCA· 1979-01-23 ·cited 1×
  Cleveland Eans appeals his conviction for the robbery and aggravated battery of James Clark. The Florida Court of Appeal affirms, rejecting Eans's challenges to the admission of evidence regarding a similar incident and to the victim's prior lineup identification.
• Shuman v. State
  347 So. 2d 696· Fla. 1st DCA· 1977-06-10 ·cited 1×
  Court reversed denial of motion to dismiss for lack of speedy prosecution, holding that defendant is entitled to an evidentiary hearing to prove prejudice from delay, not merely the passage of time.
• Elixson v. State
  269 So. 2d 375· Fla. 2d DCA· 1972-11-08 ·cited 1×
  The court held that the appellant was entitled to an evidentiary hearing to determine if the state's delay in bringing him to trial was undue and resulted in prejudice.
• United States v. Louis
  11th Cir.· 2025-08-11
  The court held that the defendant waived his statutory Speedy Trial Act claim by failing to file a valid motion to dismiss and that his Sixth Amendment speedy trial claim failed because he could not demonstrate prejudice from the delay.
• Swiler v. RSJ Ventures, LLC
  M.D. Fla.· 2024-11-13
  The court held that the defendant showed good cause to set aside the entry of default, as the default was not willful or culpable, the defendant acted promptly, and presented a meritorious defense.
• State v. Laquentin Jenkins
  Fla. 4th DCA· 2024-05-15
  The Florida Fourth District Court of Appeal reversed a trial court's discharge of a firearm possession charge, holding that the defendant waived his speedy trial right by filing a motion to continue the consolidated case after the 175-day speedy trial deadline had elapsed. The co
• Dyck-O'Neal, Inc. v. Duffy
  180 So. 3d 1079· Fla. 2d DCA· 2015-12-02
  Dyck-O'Neal, Inc., an out-of-state corporation, filed a foreclosure action but failed to timely file a nonresident cost bond required by Florida law. The trial court dismissed the action even though the bond was filed before the hearing on the defendant's motion to dismiss. The a
• Mills v. Town of Windermere
  9th Cir. Ct. App. Div.· 2015-11-30
  Harold Mills sought certiorari review of the Town of Windermere's denial of his variance request to build a gazebo on his property that would violate a 50-foot setback requirement from water bodies. The court denied the petition, finding that Mills failed to preserve several argu
• State v. J.C.
  677 So. 2d 959· Fla. 2d DCA· 1996-07-31
  The court held that a seven-month delay in filing a delinquency petition does not justify dismissal absent a showing of prejudice, especially when the petition is filed within the statute of limitations.
• Fisher v. Hargett
  997 F.2d 1095· 5th Cir.· 1993-07-26
  The state is not constitutionally required to provide an indigent defendant with a free transcript of a prior trial on a different charge if the value of the transcript is minimal and adequate alternatives exist.
• Noble Lee Simpson v. Ortiz
  995 F.2d 606· 5th Cir.· 1993-07-16
  The court held that the Parole Commission's application of its 1990 guidelines did not violate the ex post facto clause and that the Commission did not violate the separation of powers doctrine by establishing parole suitability guidelines.
• Nelson v. Hargett
  989 F.2d 847· 5th Cir.· 1993-05-04
  The court held that a guilty plea waives the right to a speedy trial claim, but remanded for an evidentiary hearing on the ineffective assistance of counsel claim due to an insufficient record.
• Meador v. Knowles
  990 F.2d 503· 9th Cir.· 1993-04-08
  The court held that the Parole Commission did not err in revoking parole and forfeiting street time, as the applicable circuit law mandated forfeiture and the delay in issuing the warrant was not prejudicial.
• Villarreal v. United States Parole Comm'n
  985 F.2d 835· 5th Cir.· 1993-03-15
  The court held that a parolee must show actual prejudice from delays in parole revocation proceedings to obtain habeas corpus relief, and that the Parole Commission may consider dismissed state charges if there is some evidence to support them.
• Wainscott v. Steven Rindley, D.D.S.
  610 So. 2d 649· Fla. 3d DCA· 1992-12-15
  Wainscott appealed dismissal of her dental malpractice complaint for failure to timely comply with presuit discovery requirements under Florida's malpractice screening statute. The court reversed, holding that dismissal is an improper sanction for noncompliance with presuit disco
• Stubbs v. Leonardo
  973 F.2d 167· 2d Cir.· 1992-08-28
  The court held that while a nine-year delay in an appeal does not per se entitle a defendant to relief, the circumstances warrant a conditional writ of habeas corpus to allow the filing of a pro se brief and reconsideration of the appeal.
• United States v. Vogt
  760 F.2d 206· 8th Cir.· 1985-04-23
  The court held that telephonic authorization for wiretaps is sufficient and that the use of pen registers does not violate the Fourth Amendment. Furthermore, preindictment delay does not warrant dismissal without a showing of prejudice.
• Johns v. McKINLEY
  753 F.2d 1195· 2d Cir.· 1985-01-31
  The court held that the plaintiff's counsel's procedural errors and failure to name proper parties prevented a proper adjudication of the constitutional claims.
• United States v. Riggans
  746 F.2d 1379· 9th Cir.· 1984-11-07
  The court held that a four-year delay in executing a probation violation warrant did not violate due process, as the probationer failed to show prejudice and the execution occurred within the statutory period.
• Fla. Dep't OF Transp. v. Foster & Kleiser, Inc.
  365 So. 2d 224· Fla. 1st DCA· 1978-12-19
  Florida Department of Transportation's appeal of an administrative order invalidating a rule is reversed and remanded because while the statutory filing deadline was mandatory, the agency must be given an opportunity to demonstrate that the deadline violation did not impair fairn
• DeFLIPPO v. Honorable Kenneth M. Leffler
  364 So. 2d 71· Fla. 4th DCA· 1978-11-08
• Morrison v. Jones
  565 F.2d 272· 4th Cir.· 1977-10-31
  The court held that a prisoner's claim for a speedy trial violation under the Sixth Amendment is precluded if there is no showing of prejudice and the prisoner failed to assert his right.
• United States v. McGIRR
  451 F.2d 588· 4th Cir.· 1971-11-30
  The court held that the defendant was not denied his Sixth Amendment right to a speedy trial despite a significant delay.
• Hyler v. U. S. Bd. OF Parole
  447 F.2d 957· 5th Cir.· 1971-08-30
• United States v. Sweet
  439 F.2d 633· D.C. Cir.· 1971-01-25
  The court held that the case must be remanded to determine if the government received notice of the trial deadline and if the delay prejudiced the defendant.
• United States v. Stanley
  422 F.2d 826· 9th Cir.· 1969-12-22
  A purposeful delay by the prosecution between offense and arrest does not violate due process if the delay is justifiable, the in-court identification is reliable, and the defendant demonstrates no prejudice.
• State of Fla. ex rel. the Tropical Audubon Soc'y, Inc. v. City OF Islandia
  224 So. 2d 427· Fla. 3d DCA· 1969-06-10
  The Tropical Audubon Society challenged the legal validity of the City of Islandia's incorporation by quo warranto, alleging lack of qualified electors and procedural defects. The trial court dismissed the action, but the appellate court reversed, holding that the allegations rai
• Deans v. United States
  343 F.2d 241· D.C. Cir.· 1964-07-06
  The court affirmed the District Court's judgment, finding no error affecting substantial rights despite a substantial delay between offenses and arrest.