MEDTRONIC INC., PETITIONER,

v.

BOSTON SCIENTIFIC CORPORATION, ET AL.

Citator

Cited By

• Victorino v. State, 127 So. 3d 478 (Fla. 2013)
  …t. Victorino relies on Evans v. McNeil, 2:08-14402-CIV, 2011 WL 9717450 (S.D.Fla.2011), but that decision was overruled by Evans v. Secretary, Florida Department of Corrections, 699 F. 3d 1249 (11th Cir.2012), cert. denied, Evans v. Crews, — U.S. —, 133 S.Ct. 2393,185 L.Ed.2d 1105 (2013). III. PETITION FOR WRIT OF HABEAS CORPUS In his petition for a writ of habeas corpus, Victorino contends that his appellate counsel erred by failing to argue on direct appeal that Victorino’s inability to effectively cross-…
• Chavez v. State, 132 So. 3d 826 (Fla. 2014)
  …84, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), in light of the decision of the federal district court in Evans v. McNeil, 2011 WL 9717450 (S.D.Fla. June 20, 2011), aff'd in part and rev’d in part, 699 F. 3d 1249 (11th Cir.2012), cert. denied, _ U.S. _, 133 S.Ct. 2393, 185 L.Ed.2d 1105 (2013). Second, Chavez contended that he was entitled to relief in state court pursuant to Martinez v. Ryan, _ U.S. _, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012). The circuit court denied relief, and this Court affirmed the denial in a…
• Hurst v. State, 147 So. 3d 435 (Fla. 2014)
  …majority vote). We continue to adhere to this same body of precedent. We also note that the Eleventh Circuit Court of Appeals in Evans v. Secretary, Fla. Dep’t of Corrections, 699 F. 3d 1249 (11th Cir.2012), cert. denied, Evans v. Crews, — U.S. —, 133 S.Ct. 2393, 185 L.Ed.2d 1105 (2013), reversed a federal district court’s ruling that Florida’s sentencing scheme violates Ring. The Eleventh Circuit noted that the United States Supreme Court’s “last word in a Florida capital case on the constitutionality of t…