STATE OF FLORIDA, PETITIONER,
v.
THURSTON MCCLAIN, RESPONDENT
STATE OF FLORIDA, PETITIONER,
THURSTON MCCLAIN, RESPONDENT
591 So. 2d 614
Florida Supreme Court (1992)
Negative Treatment
Cited by 169 cases
Opinion of the Court
PER CURIAM.
The State seeks review of McClain v. State, 576 So. 2d 372 (Fla. 2d DCA 1991), in which the district court certified the same question of great public importance that was certified in Anderson v. State, 576 So. 2d 319 (Fla. 2d DCA 1991).* We recently answered the question in the affirmative in State v. Anderson, 591 So. 2d 611 (Fla.1992).
We therefore approve the opinion of the district court.
It is so ordered.
SHAW, C.J., and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur. McDONALD, J., dissents.
*
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
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Baker v. State, 878 So. 2d 1236 (Fla. 2004)…ethod of appellate review.” [*1241] While it is a basic guarantee of the Florida Constitution that “[t]he writ of habeas corpus shall be grantable of right, freely and without cost,” art. I, § 13, Fla. Const., this Court recognized in Haag v. State, 591 So. 2d 614, 616 (Fla.1992), that “the right to habeas relief, like any other constitutional right, is subject to certain reasonable limitations consistent with the full and fair exercise of the right.” In creating rule 1, the historical predecessor to rule 3.8…
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Scipio v. State, 928 So. 2d 1138 (Fla. 2006)…nworkable in practice,” Allstate Indem. Co. v. Ruiz, 899 So. 2d 1121, 1131 (Fla.2005) (citing Brown v. State, 719 So. 2d 882, 890 (Fla.1998) (Wells, J., dissenting)), or when “necessary ... to remedy continued injustice.” Id. (quoting Haag v. State, 591 So. 2d 614, 618 (Fla.1992)). The Schopp standard has not proven unworkable. To the contrary, it has prevented scarce judicial resources from being expended on new trials that undoubtedly would have resulted in the same verdict. The majority’s approach will hav…
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Thompson v. State, 761 So. 2d 324 (Fla. 2000)…tion filed within fifteen days of the date of the order. In a motion for reinstatement, Thompson asserted that he had timely filed his notice to invoke because he “filed” his document under the “mailbox rule” for filing established in Haag v. State, 591 So. 2d 614 (Fla.1992), when he placed his document in the hands of prison officials on May 29, 1999 (he later stated that he erred and meant May 28, 1999). The clerk’s office instructed Thompson to send this Court a copy of his institution’s outgoing mail log.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Anderson, 591 So. 2d 611 (Fla. 1992)
- Caron v. Systematic AIR Servs. & State Farm Ins., 576 So. 2d 372 (Fla. 1st DCA 1991)
- Thurston McCLAIN v. State, 576 So. 2d 372 (Fla. 2d DCA 1991)
- Anderson v. State, 576 So. 2d 319 (Fla. 2d DCA 1991)