FIELDS

v.

UNITED STATES

Citator

Cited By

• Windom v. State, 886 So. 2d 915 (Fla. 2004)
  …ause in a prior case we had "implicitly acknowledged” that a Hudson issue could be raised in a post-conviction motion. Yet later we expressly held that Hudson did not apply retroactively. See New v. State, 807 So. 2d 52, 53 (Fla.2001), cert. denied, 536 U.S. 942, 122 S.Ct. 2626, 153 L.Ed.2d 808 (2002). . Although in Witf we referred to the threefold test of Stovall and Linkletter, see 387 So. 2d at 929, it was Linkletter that established the test. Therefore, in the remainder of this opinion I refer to them…
• United States v. Freixas, 332 F.3d 1314 (11th Cir. 2003)
  …(11th Cir.2002) (magistrate judge’s authority reviewed de novo); Thompson v. Haley, 255 F. 3d 1292, 1297 (11th Cir.2001) (“Ineffectiveness of counsel is a mixed question of law and fact subject to de novo review.”) (citation omitted), cert. denied, 536 U.S. 942, 122 S.Ct. 2625, 153 L.Ed.2d 807 (2002); United States v. Caro, 309 F. 3d 1348, 1351 (11th Cir.2002) (application of the Sentencing Guidelines reviewed de novo). In this case, however, Freixas’s argument concerning the magistrate judge’s authority…
• United States v. Bobo, 344 F.3d 1076 (11th Cir. 2003)
  …ndant of what he must be prepared to meet.” Russell v. United States, 369 U.S. 749, 763, 82 S.Ct. 1038, 1047, 8 L.Ed.2d 240 (1962) (internal quotations omitted); United States v. Sanchez, 269 F. 3d 1260, 1314 (11th Cir.2001) (en banc), cert. denied, 536 U.S. 942, 122 S.Ct. 1327, 162 L.Ed.2d 234 (2002). “An indictment not framed to apprise the defendant with reasonable certainty, of the nature of the accusation against him is defective, although it may follow the language of the statute.” Russell, 369 U.S. a…