Retrospective Application

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

• Rhoda Smith v. State
  598 So. 2d 1063· Fla.· 1992-04-02 ·cited 331×
  Any decision of the Florida Supreme Court announcing a new rule of law, or applying an established rule to a new factual situation, must be given retrospective application in every case pending on direct review or not yet final, provided the defendant timely objected at trial. Po
• Mitchell v. Moore
  786 So. 2d 521· Fla.· 2001-04-12 ·cited 85×
  The Florida Supreme Court held that the copy requirement provision of the Prisoner Indigency Statute violates the constitutional right of access to courts under both the Florida and U.S. Constitutions. The statute's requirement that prisoners provide copies of prior pleadings to
• Smith v. City OF Pittsburgh
  764 F.2d 188· 3d Cir.· 1985-06-12 ·cited 58×
  The court held that the Supreme Court's decision in Wilson v. Garcia, which mandates that all 42 U.S.C. § 1983 claims be characterized as personal injury actions for statute of limitations purposes, should be applied retrospectively. Therefore, the plaintiff's claim, filed after
• Alfredco Lett v. State
  668 So. 2d 1094· Fla. 1st DCA· 1996-03-05 ·cited 34×
  The court held that the decision in Coney v. State, which requires a defendant's presence at jury selection bench conferences, does not apply to "pipeline cases" (cases pending on direct review or not yet final when Coney was decided) because Coney was expressly given prospective
• United States v. Scalf
  708 F.2d 1540· 10th Cir.· 1983-05-27 ·cited 28×
  The court held that the defendant's confession, obtained after he invoked his right to counsel, was inadmissible, and the admission of the gun, while potentially admissible on other grounds, did not cure the error requiring a new trial.
• State v. Ruiz
  863 So. 2d 1205· Fla.· 2003-12-18 ·cited 27×
  The Florida Supreme Court held that a 2001 statute (Ch. 2001-58) purporting to nullify the Delgado v. State decision on burglary does not apply retroactively to conduct occurring before February 1, 2000. The Court affirmed the Third District's reversal of burglary convictions for
• Brackenridge v. Ametek, Inc.
  517 So. 2d 667· Fla.· 1987-12-03 ·cited 26×
  The Florida Supreme Court affirmed the dismissal of a product liability action where the plaintiff was injured by a product more than twelve years after its delivery. The court held that the 1983 legislative amendment abolishing the statute of repose in product liability actions
• McNAUGHTON v. Dillingham Corp.
  722 F.2d 1459· 9th Cir.· 1984-01-04 ·cited 26×
  The court held that the Supreme Court's decision in Del Costello v. Teamsters, which established the six-month NLRA limitations period for hybrid Section 301/fair representation claims, should not be applied retroactively to this case.
• Bannister v. United States
  446 F.2d 1250· 3d Cir.· 1971-07-07 ·cited 22×
  The court held that a voluntary guilty plea, entered with comprehension of then-existing circumstances, is generally invulnerable to collateral attack, even on constitutional grounds.
• Dep't OF Revenue of the State of Fla. v. Anderson
  389 So. 2d 1034· Fla. 1st DCA· 1980-09-25 ·cited 21×
  The Florida Department of Revenue appeals a trial court's judgment enjoining collection of admissions taxes on deep-sea fishing boat customers for the period August 1, 1970 to February 6, 1972. The court affirms, finding that the Department is estopped from collecting these taxes
• Vogel v. State
  365 So. 2d 1079· Fla. 1st DCA· 1979-01-09 ·cited 20×
  The court held that a conviction for a non-existent crime constitutes fundamental error, allowing for retrospective application of a Supreme Court ruling that abolished the crime.
• Sunray Oil Co. v. Commissioner of Internal Revenue
  147 F.2d 962· 10th Cir.· 1945-02-21 ·cited 18×
  Income from state oil and gas leases is subject to federal taxation, and advance royalties paid by the lessee are a capital expenditure, not deductible from gross income in addition to percentage depletion.
• Dillon v. Peters
  341 F.2d 337· 10th Cir.· 1965-02-13 ·cited 14×
  The court held that the Mapp v. Ohio exclusionary rule applies to convictions that were not final at the time Mapp was decided, and that failure to object to illegally obtained evidence does not constitute a waiver of rights in habeas corpus proceedings.
• Brown v. State
  392 So. 2d 280· Fla. 1st DCA· 1980-12-02 ·cited 12×
  The Florida Court of Appeal reversed a drug conviction because the warrantless entry into the defendant's home to arrest him violated the Fourth Amendment under Payton v. New York. The court allowed suppression of evidence seized during the arrest but upheld the search warrant ev
• Garfield Jefferson v. United States
  488 F.2d 391· 5th Cir.· 1974-01-14 ·cited 12×
  The court held that a prior conviction under the Marijuana Tax Act, 26 U.S.C.A. § 4744(a)(1), which violated the Fifth Amendment privilege against self-incrimination, must be vacated if the defendant did not knowingly waive this defense by pleading guilty.
• United States v. Marshall
  471 F.2d 1051· D.C. Cir.· 1972-10-20 ·cited 12×
  The court held that the district court properly submitted the issue of insanity to the jury and that a variance between the indictment and proof was not fatal.
• Porter v. Ashmore
  421 F.2d 1186· 4th Cir.· 1970-02-10 ·cited 12×
  The court held that the search incident to a lawful arrest was valid under pre-Chimel law and that the Chimel rule applies only prospectively.
• Frazier v. Baker Material Handling Corp.
  559 So. 2d 1091· Fla.· 1990-01-18 ·cited 11×
  The Florida Supreme Court held that a statute of repose, previously invalidated by the court, could not be retroactively applied to bar claims that had accrued when the statute was invalid. The court found that plaintiffs who had viable causes of action under a prior ruling shoul
• Pruett v. State OF Tex.
  470 F.2d 1182· 5th Cir.· 1973-01-04 ·cited 11×
• Bardol v. Martin
  763 So. 2d 1119· Fla. 4th DCA· 1999-12-22 ·cited 10×
  An adult child lacks standing to maintain an independent suit against a parent for retroactive child support absent a prior court order or agreement establishing a support obligation. Retroactive child support claims must proceed within the statutory frameworks of paternity or di
• Nat'l Ins. Underwriters v. Cessna Aircraft Corp.
  522 So. 2d 53· Fla. 5th DCA· 1988-02-11 ·cited 10×
  A products liability statute of repose, though retroactively applicable under Pullum v. Cincinnati, should not be applied against plaintiffs who justifiably relied on the prior Battilla decision declaring the statute unconstitutional and filed suit within the normal four-year sta
• Shadrock Williams v. Est. of J. D. Long
  338 So. 2d 563· Fla. 1st DCA· 1976-10-26 ·cited 10×
  This case concerns the inheritance rights of alleged illegitimate children of the decedent, J. D. Long, where the mother was still legally married to another man at the time of the children's births.
• Joyce v. Seigel
  429 F.2d 128· 3d Cir.· 1970-07-08 ·cited 10×
  The court held that the administrator's appointment was for legitimate reasons, not to manufacture diversity jurisdiction, and thus the action should proceed in federal court.
• D'Aquisto v. Costco Wholesale Corp.
  816 So. 2d 1231· Fla. 5th DCA· 2002-05-31 ·cited 9×
  A newly announced Florida Supreme Court decision establishing a rebuttable presumption of negligence for slip-and-fall cases caused by foreign substances on premises applies retroactively to cases pending on appeal following entry of a summary judgment, even though the opinion re
• Rothstein v. Atlanta Paper Co. & Mead-Atlanta Paper Co.
  321 F.2d 90· 5th Cir.· 1963-07-30 ·cited 8×
  The court held that the accused larger bottle carriers did not embody the patent claims, thus no breach of the license agreement occurred, and the 'more favored terms' clause did not apply retrospectively.
• Fields v. Zinman
  394 So. 2d 1133· Fla. 4th DCA· 1981-03-11 ·cited 6×
  The Fourth District Court of Appeal held that filing fees in civil appeals may be waived for indigent litigants upon a proper finding of indigency, interpreting Florida Statutes § 57.081 to apply to appellate proceedings despite statutory ambiguity and conflicting precedent. The
• Perez v. United States
  445 F.2d 791· 5th Cir.· 1971-07-14 ·cited 6×
  The court held that the appellant's prior conviction used for sentence enhancement was invalid due to the privilege against self-incrimination, requiring vacation of the sentence and prior conviction.
• Frazier v. Baker Material Handling Corp. & Otis Elevator Co.
  540 So. 2d 205· Fla. 3d DCA· 1989-03-21 ·cited 4×
  The court addresses whether the trial courts properly granted summary judgment based on Florida's twelve-year products liability statute of repose. The court affirms, holding that the 1986 legislative repeal of the statute of repose does not operate retrospectively and that the S
• Sampson v. Caterpillar Tractor Co.
  507 So. 2d 1222· Fla. 5th DCA· 1987-06-04 ·cited 4×
  Appellants challenged a summary judgment dismissing their products liability action for a 1980 injury based on the statute of repose in Florida § 95.031(2). The court affirmed the dismissal and certified questions to the Florida Supreme Court regarding the retrospective applicati
• Sears v. The Atchison
  779 F.2d 1450· 10th Cir.· 1985-12-18 ·cited 4×
  The court held that the en banc opinion in Cooper v. Singer, which clarified the relationship between statutory fee awards and contingent fee agreements, should not be applied retrospectively to abrogate pre-existing contractual fee agreements.
• Bibby v. State
  465 So. 2d 670· Fla. 4th DCA· 1985-03-27 ·cited 4×
  Trial court erred in enhancing defendant's sentence under sentencing guidelines without stating reasons, relying on a rule not yet in effect; reversed and remanded for written explanation of departure.
• Thomas v. United States
  460 F.2d 1222· 5th Cir.· 1972-05-18 ·cited 4×
  A defendant is entitled to have a sentence reconsidered if prior convictions used in sentencing are later found constitutionally invalid.
• Fla. Elks Child's. Hosp. v. Stanley
  610 So. 2d 538· Fla. 5th DCA· 1992-12-04 ·cited 2×
  The Florida Elks Children's Hospital appeals the trial court's dismissal of its objection to the revocation of a testamentary bequest by the testator's children under section 732.803, a mortmain statute. The court holds that Zrillic's declaration of the statute unconstitutional i
• State v. Therion Frierson
  542 So. 2d 983· Fla.· 1989-04-27 ·cited 2×
• Winkle v. Kropp
  403 F.2d 661· 6th Cir.· 1968-11-15 ·cited 2×
  The court held that the Mapp v. Ohio decision should not be applied retrospectively to convictions that were final before Mapp was decided.
• United States v. Bojorquez-Villagrana
  724 F.2d 842· 9th Cir.· 1984-01-27
  The court held that the requirement for an explicit finding under 18 U.S.C. § 5010(d) established in Dorszynski v. United States does not apply retrospectively to sentences imposed before Dorszynski and fully served.
• Jenkins v. Atkins
  515 F.2d 1078· 10th Cir.· 1975-04-03
  A federal court may grant habeas corpus relief without requiring a petitioner to resubmit an issue to state courts if the issue has been previously presented and rejected, even if the state court did not fully address the merits.
• Nussbaum v. United States
  441 F.2d 273· 9th Cir.· 1971-04-23
  The court held that the Supreme Court's decision in Haynes v. United States does not apply retrospectively to cases commenced before its pronouncement.