· 10/30/2019
ANTHONY CAPPELLETTI v. STATE OF FLORIDA
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding defendant had not made a showing of actual prejudice as 9 his assertions that “he was prejudiced because of oppressive pretrial incarceration, his anxiety, and impairment to his defense . . . lack[ed] specific facts”
- “In cases without government negligence, however, we have required the defendant to show actual or specific prejudice.”
- “We have consistently held that a defendant’s response to an arrest or Terry stop . . . may constitute independent grounds for arrest.”
- “[The Eighth Circuit] ha[s] consistently held that a defendant’s response to an arrest or Terry stop—even an invalid one— may constitute independent grounds for arrest.” (citations omitted)
- “A Fourth Amendment seizure occurs ‘when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.’”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.