BERRY

v.

LOUISIANA

Citator

Cited By (16 total)

• Russell v. State, 676 So. 2d 1026 (Fla. 3d DCA 1996)
  …for time previously served on probation. § 948.06(2), Fla. Stat. The availability of incarceration for the legal maximum term serves as a sanction for violation of probation. As stated in Hall v. Bostic, 529 F. 2d 990 (4th Cir.1975), cert. denied, 425 U.S. 954, 96 S.Ct. 1733, 48 L.Ed.2d 199 (1976): There is nothing unusual in the denial by ... law of credit for probation or parole time against a prison sentence. It is common to both state and federal probation and parole systems. The validity of such den…
• Faver v. State, 393 So. 2d 49 (Fla. 4th DCA 1981)
  …37, rehearing denied, 503 F. 2d 568 (5th Cir.), cert. denied, 419 U.S. 1053, 95 S.Ct. 631, 42 L.Ed.2d 648 (1974); People v. Cvetich, 73 Ill.App.3d 580, 29 Ill.Dec. 418, 391 N.E. 2d 1101 (1979); State v. Berry, 324 So. 2d 822 (La.1975), cert. denied, 425 U.S. 954, 96 [*51] S.Ct. 1731, 48 L.Ed.2d 198 (1976); People v. Thomas, 68 A.D.2d 450, 417 N.Y.S.2d 278 (2d Dep’t 1979); Commonwealth v. Greene, 445 Pa. 228, 285 A. 2d 865 (1971). We note parenthetically that if counsel had requested a jury instruction stat…
• Dorsey v. Parke, 872 F.2d 163 (6th Cir. 1989)
  …evidence. As we stated in another habeas case, “[misapplication of State law, absent invidious discrimination, does not necessarily present a federal constitutional question.” Combs v. State of Tennessee, 530 F. 2d 695, 698 (6th Cir.), cert. denied, 425 U.S. 954, 96 S.Ct. 1731, 48 L.Ed.2d 198 (1976). But here, even if the privilege issue was mishandled by the trial court, the evidence was not normally admissible anyway, by operation of a basic state rule of evidence. As the Supreme Court observed in Ohio v…