HAYWARD

v.

JOHNSON, CORRECTIONAL SUPERINTENDENT

Citator

Cited By (45 total)

• Capuzzo v. State, 596 So. 2d 438 (Fla. 1992)
  …ht to be present at sentencing is waivable. E.g., People v. Robertson, 48 Cal.3d 18, 255 Cal. Rptr. 631, 767 P. 2d 1109, cert. denied, 493 U.S. 879, 110 S.Ct. 216, 107 L.Ed.2d 169 (1989); Byrd v. Ricketts, 233 Ga. 779, 213 S.E. 2d 610, cert. denied, 422 U.S. 1011, 95 S.Ct. 2636, 45 L.Ed.2d 675 (1975); State v. Fry, 61 Haw. 226, 602 P. 2d 13 (1979); Williams v. State, 526 N.E. 2d 1179 (Ind.1988); Carter v. Commonwealth, 782 S.W. 2d 597 (Ky.1989), cert. denied, — U.S. -, 110 S.Ct. 3282, 111 L.Ed.2d 791 (1990);…
• Vagner v. Louie L. Wainwright, 398 So. 2d 448 (Fla. 1981)
  …the other hand, there is state involvement in any incompetence later exhibited. This “state action” rationale was utilized by the United States Court of Appeals, Fifth Circuit, in Fitzgerald v. Estelle, 505 F. 2d 1334 (5th Cir. 1974), cert. denied, 422 U.S. 1011, 95 S.Ct. 2636, 45 L.Ed.2d 675 (1975). There the court fashioned a dichotomous test distinguishing retained from appointed counsel and distinguishing two standards of competence depending on whether the sixth amendment or the due process clause is s…
• King v. State, 89 So. 3d 209 (Fla. 2012)
  …ornau v. State, 306 So. 2d 167, 171 (Fla. 2d DCA 1974) (shell casings found in the open space behind defendant’s business and shell casing found at the murder scene were fired from the same gun, even though the gun was never produced), cert. denied, 422 U.S. 1011, 95 S.Ct. 2636, 45 L.Ed.2d 675 (1975); People v. Williams, 15 Mich.App. 683, 167 N.W. 2d 358, 360 (1969) (“The shell casings found at the scene of the second robbery were of the same caliber and fired by the same gun which fired the shell casing fou…