BOOKER BIRDSONG, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Writ Of Error Coram Nobis cases and more on FLexlaw
PER CURIAM.
We affirm the denial of defendant’s motion for postconviction relief, and deny both his Petition for Writ of Error Coram Nobis and his Petition for Writ of Mandamus. See Fla. R.Crim. P. 3.850(b) (imposing two-year limitation on seeking postcon-viction relief in noncapital case unless facts on which claim is predicated were unknown to movant or movant’s attorney and could not have been ascertained by the exercise of due diligence); see also Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997) (holding that habeas petition cannot be used to circumvent the limitations period imposed by rule 3.850); Smith v. State, 506 So. 2d 69 (Fla. 1st DCA 1987) (holding that laches may bar claim for postconviction relief).
Denial of Motion for Postconviction relief, affirmed; Petitions for Writ of Error Coram Nobis and Mandamus, denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. State, 994 So. 2d 960 (Fla. 2008)…waiver [*971] of a jury trial. See, e.g., Montero v. State, 780 So. 2d 917, 917 (Fla. 2d DCA 2000) (reversing the defendant’s conviction because the record failed to show that the defendant validly waived his right to a jury trial); Hyler v. State, 732 So. 2d 1208, 1209 (Fla. 4th DCA 1999) (concluding that a conviction must be reversed where the record contained no written waiver and did not reflect an inquiry by the trial court that the defendant voluntarily, knowingly, and intelligently waived his right to…
-
Scruggs v. State, 785 So. 2d 605 (Fla. 4th DCA 2001)…it cléar that waiver of [a jury trial] may be made only by written waiver in accordance with the rule, or orally on the record after colloquy from which the court finds the waiver is voluntarily, knowingly and intelligently made.”); Hyler v. State, 732 So. 2d 1208, 1209 (Fla. 4th DCA 1999); Sinkfield v. State, 681 So. 2d 838 (Fla. 4th DCA 1996). Appellant next argues that the trial court erred in denying his motion for judgment of acquittal because the state failed to present sufficient evidence that he cons…
-
Mickens v. State, 773 So. 2d 655 (Fla. 4th DCA 2000)…er of a jury trial nor does it reflect that the trial court conducted an oral inquiry as to whether appellant knowingly, intelligently, and voluntarily waived his right to a jury trial. See Tucker v. State, 559 So. 2d 218 (Fla.1990); Hyler v. State, 732 So. 2d 1208 (Fla. 4th DCA 1999); Sinkfield v. State, 681 So. 2d 838 (Fla. 4th DCA 1996). Finding no error in the other issues raised by appellant in this appeal, we affirm as to those issues. AFFIRMED IN PART; REVERSED IN PART AND REMANDED FOR NEW TRIAL.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Calloway v. State, 699 So. 2d 849 (Fla. 3d DCA 1997)
- Univ. OF Fla. v. Moore, 506 So. 2d 69 (Fla. 1st DCA 1987)