PHELAN

v.

BRIERLEY, WARDEN

Citator

Cited By

• State v. Dixon, 283 So. 2d 1 (Fla. 1973)
  …), F.S.1971. Sentences imposed under Florida’s death penalty statute were reversed in Anderson v. Florida, 408 U.S. 938, 92 S.Ct. 2868, 33 L.Ed.2d 758 (1972); Thomas v. Florida, 408 U.S. 935, 92 S.Ct. 2855, 33 L.Ed.2d 750 (1972); Johnson v. Florida, 408 U.S. 939, 92 S.Ct. 2875, 33 L.Ed.2d 762 (1972); Boykin v. Florida, 408 U.S. 940, 92 S.Ct. 2876, 33 L.Ed.2d 763 (1972); Brown v. Florida, 408 U.S. 938, 92 S.Ct. 2870, 33 L.Ed.2d 759 (1972); Paramore v. Florida, 408 U.S. 935, 92 S.Ct. 2857, 33 L.Ed.2d 751 (197…

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• Kettell v. State, 950 So. 2d 505 (Fla. 2d DCA 2007)
  …, 493 So. 2d 451, 452 (Fla.1986). This is not a case where “it appears from the whole record that the jury could not have been misled by the instructions.” Johnson v. State, 252 So. 2d 361, 364 (Fla.1971), judgment vacated in part on other grounds, 408 U.S. 939, 92 S.Ct. 2875, 33 L.Ed.2d 762 (1972). The problem with the instructions is not that a portion of the instructions is unclear when viewed in isolation from the remainder of the instructions but clear when viewed in context. On the contrary, when the…

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• United States v. Vandemark, 522 F.2d 1019 (9th Cir. 1975)
  …eversed on appeal. We did not imply that any evidence was illegally obtained. Therefore, Atkins’ broad interpretation of Verdugo is also dicta. Finally, our decision in Eyman v. Alford, 448 F. 2d 306, 315 (9th Cir. 1969), vacated on other grounds, 408 U.S. 939, 92 S.Ct. 2874, 33 L.Ed.2d 762 (1972), also distinguished Verdugo with the statement that the evidence used in imposing sentence was not illegally seized. Id. Like the other decisions, it does not require a broad reading of Verdugo. Indeed, a narro…