ST. CLAIR ET AL.

v.

CITY OF CHICO, CALIFORNIA, ET AL.

Citator

Cited By (15 total)

• Ellis v. State, 622 So. 2d 991 (Fla. 1993)
  …2 U.S. 423, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), renders our prior analysis highly questionable. Likewise, I cannot reconcile our earlier holdings with the Eleventh Circuit’s analysis in Raske v. Martinez, 876 F. 2d 1496 (11th Cir.), cert. denied, 493 U.S. 993, 110 S.Ct. 543, 107 L.Ed.2d 540 (1989), nor with our own opinions in Waldrup v. Dugger, 562 So. 2d 687 (Fla.1990), or Dugger v. Williams, 593 So. 2d 180 (Fla.1991). Thus, on the basis of the ex post facto clauses of the federal Constitution and art…
• Gwong v. Singletary, 683 So. 2d 109 (Fla. 1996)
  …to provide the department with the authority to completely refuse to exercise its discretion at all for certain categories of prisoners. As the Eleventh Circuit Court of Appeals stated in Raske v. Martinez, 876 F. 2d 1496 (11th Cir.), cert. denied, 493 U.S. 993, 110 S.Ct. 543, 107 L.Ed.2d 540 (1989), the discretion afforded the department is not absolute. For example, a prisoner who has performed his work in an outstanding manner cannot legally be denied incentive gain-time for that work, despite the discr…
• Brown v. Singletary, 589 So. 2d 1016 (Fla. 2d DCA 1991)
  …muel’s, Inc., 351 So. 2d 719 (Fla.1977). Additional arguments regarding the initial forfeiture of the gain time, presented to the trial court in a motion for rehearing, are without merit. Raske v. Martinez, 876 F. 2d 1496 (11th Cir.), cert. denied, 493 U.S. 993, 110 S.Ct. 543, 107 L.Ed.2d 540 (1989). Affirmed. SCHOONOVER, C.J., LEHAN and FRANK, JJ., concur.…