JOHNEL MCCRAY, APPELLANT,
v.
LOUIE L. WAINWRIGHT, APPELLEE
Explore caselaw by topic → Browse Ex Post Facto Clause cases and more on FLexlaw
PER CURIAM.
Appellant petitioned the Circuit Court for a Writ of Habeas Corpus. In denying the Writ, that Court rejected appellant’s constitutional claim that retroactive application of the amended “gain time” statute [Section 944.27, Florida Statutes (1978)] was unconstitutional as an ex post facto law in that it reduced the gain time with which appellate was credited under the statute in effect at the date of his sentence. The United States Supreme Court has since accepted appellant’s argument. Weaver v. Graham, - U.S. -, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981).
Reversed and remanded for reconsideration in light of Weaver v. Graham, supra, and a determination whether appellant is entitled to release. Hawthorne v. Wainwright, 396 So. 2d 724 (1st DCA 1981).
BOOTH and JOANOS, JJ., and PEARSON, TILLMAN (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
BAY Auto. & U.S.F. & G. v. Allaire, 593 So. 2d 589 (Fla. 1st DCA 1992)…Fla.1949). Whether or not the intent is sufficiently “willful” to preclude compensation because of Section 440.09(3) is a question of fact to be resolved by the judge of compensation claims, based upon the evidence presented. City of Tampa v. Scott, 397 So. 2d 1220 (Fla. 1st DCA), review denied, 411 So. 2d 381 (Fla.1981). In this case, the judge made no findings addressing this issue for the obvious reason that nobody suggested to him that it was an issue. We hold that the proscription of compensation pursuan…
-
Est. OF Gordon Jenkins v. Recchi Am. & Alexsis, 658 So. 2d 157 (Fla. 1st DCA 1995)…icide. Further, the court again rejected the Sponatski rule and its progeny, supra, fn. 1, which would require the employment-related injury to cause an absolute loss of reason before a suicide death will be com-pensable. In City of Tampa v. Scott, 397 So. 2d 1220 (Fla. 1st DCA), rev. denied, 411 So. 2d 381 (Fla.1981), Scott suffered a back injury which triggered an underlying anxiety neurosis that caused him to commit suicide. The deputy commissioner ruled the claim for death benefits was compensable based u…
Authorities Cited
- Weaver v. Graham, 450 U.S. 24 (U.S. 1981)
- Hawthorne v. Louie L. Wainwright, 396 So. 2d 724 (Fla. 1st DCA 1981)