HILLSBERG

v.

UNITED STATES

Citator

Cited By (58 total)

• Drewery Geter v. State, 115 So. 3d 385 (Fla. 3d DCA 2013)
  …decided. E.g., Perry v. State, 395 So. 2d 170, 174 (Fla.1980). The Eleventh Circuit Court of Appeals has expressly held Lockett to be retroactive. Songer v. Wainwright, 769 F. 2d 1488, 1489 (11th Cir.1985) (en banc), cert. denied, Dugger v. Songer, 481 U.S. 1041, 107 S.Ct. 1982, 95 L.Ed.2d 822 (1987).... Thus, a judge who fails to consider or is precluded from considering nonstatutory mitigating circumstances commits reversible error whether sentence was imposed post-or pre-Lockett. In Harvard v. State, 48…
• Stone v. State, 547 So. 2d 158 (Fla. 4th DCA 1989)
  …rrest, as I understand Chadwick. I find no justification for legitimizing a warrantless search beyond the limits of Savoie. The facts of the instant case are more nearly like those in Nease v. State, 484 So. 2d 67 (Fla. 4th DCA 1986), cert. denied, 481 U.S. 1041, 107 S.Ct. 1982, 95 L.Ed.2d 822 (1987). There a man who was under articulable suspicion of carrying drugs had been stopped for questioning pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). After giving the officers permiss…
• State v. Brooks, 553 So. 2d 712 (Fla. 4th DCA 1989)
  …t appellee was arrested several blocks from the bus station, and the search was clearly remote in place from the arrest. Thus, it is similar to Nease v. State, 484 So. 2d 67 (Fla. 4th DCA 1986), rev. denied, 494 So. 2d 1153 (Fla.1986), cert. denied, 481 U.S. 1041, 107 S.Ct. 1982, 95 L.Ed.2d 822 (1987), which held that a luggage search under similar circumstances was invalid under the Fourth Amendment, citing United States v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977). Here, the evidence clear…