ROJAS

v.

UNITED STATES

Citator

Cited By (16 total)

• State v. Davila, 481 So. 2d 486 (Fla. 3d DCA 1985)
  …t the photograph accompanying the extradition documents was that of the petitioner. Thus, the petitioner simply failed to meet his burden.7 See Kohler v. Sandstrom, 305 So. 2d 76 (Fla. 3d DCA 1974), cert. denied, 311 So. 2d 669 (Fla.), cert. denied, 423 U.S. 934, 96 S.Ct. 289, 46 L.Ed.2d 264 (1975). Finally, the testimony and evidence introduced by the petitioner to prove that he was in Florida at the time the crime was committed does no more than create a conflict in the evidence on the question of his wh…

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• Morgan v. Singletary, 669 So. 2d 1126 (Fla. 4th DCA 1996)
  …appeal had passed. Kohler v. Sandstrom, 305 So. 2d 76, 77-78 (Fla. 3d DCA 1974) (burden of proof in a habeas corpus proceeding is on the petitioner, who must back up his allegations with evidence), cert. denied, 311 So. 2d 669 (Fla.), cert. denied, 423 U.S. 934, 96 S.Ct. 289, 46 L.Ed.2d 264 (1975). See also Nava v. State, 652 So. 2d 1264 (Fla. 4th DCA 1995) (there is no time limit for seeking to file a belated appeal unless the state claims to have been prejudiced by the delay). Accordingly, the petition…
• United States v. Kern, 657 F.2d 985 (8th Cir. 1981)
  …stioning or suggested any alternatives. “Under such circumstances, appellant cannot be heard to complain of the manner or scope of the inquiry conducted by the District Court.” United States v. Word, 519 F. 2d 612, 615 (8th Cir. 1975), cert. denied, 423 U.S. 934, 96 S.Ct. 290, 46 L.Ed.2d 265 (1976). Finally, we find no error in the trial court’s denial of Kern’s motion for mistrial. We have read both the transcript and the newspaper article in question and we find no evidence of prejudice. Even if the arti…