CASEY

v.

STATE

Citator

Cited By

• Whitmore v. State, 27 So. 3d 168 (Fla. 4th DCA 2010)
  …bove, in non-capital cases the trial judge is vested with sole discretion to impose a penalty within the maximum without specifying particular factors supporting the sentence. Mora v. State, 964 So. 2d 881 (Fla. 3d DCA 2007), jurisdiction dismissed, 984 So. 2d 1250 (Fla.2008) (trial court has great discretion in determining the length of a sentence, so long as it is within the statutory limits). The exercise of discretion in non-capital sentencing is made unreviewable by statute when the sentence is legal. Ho…
• Collins v. State, 4 So. 3d 1249 (Fla. 4th DCA 2009)
  …ssion of Collins’ statement to police cannot be justified as a reasonable tactical decision. See Casey v. State, 969 So. 2d 1055, 1058 (Fla. 4th DCA 2007) (holding that whether a strategy or tactic is reasonable is a question of law), review denied, 984 So. 2d 1250 (Fla.2008). We also find that Collins has satisfied Strickland’s prejudice prong, i.e., that there is a reasonable probability that but for counsel’s errors, he would not have entered the plea, see Ey v. State, 982 So. 2d 618, 621 (Fla.2008). Collin…
• State v. Smith, 6 So. 3d 652 (Fla. 2d DCA 2009)
  …was told suggested that his right to the presence of an attorney was limited to the period “before questioning.” Therefore, this case is distinguishable from Powell and more akin to Graham v. State, 974 So. 2d 440 (Fla. 2d DCA 2007), review denied, 984 So. 2d 1250 (Fla.2008), which distinguished Powell because the warning given to Wilson Graham advised “that Graham had the right to the presence of an attorney and did not include any timeframe limitation.” 974 So. 2d at 440. In fact, the supreme court cited Gr…