Bolden v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “the applicable procedure is similar to the procedure for the consideration of a motion for postconviction relief”
• noting that if motion for return of personal property is facially sufficient, trial court may order State to respond to motion or hold an evidentiary hearing
• observing that when a defendant “seeks the return of seized property as the true owner, the applicable procedure is similar to the procedure for the consideration of a motion for postconviction relief.”
• “At the evi-dentiary hearing, the trial court must first ascertain whether the property was confiscated by a law enforcement agency in connection with a criminal prosecution and whether the property is still in the agency’s possession.”
• “When a trial court assumes jurisdiction over criminal charges, it has inherent authority to assist the true owner in the recovery of property that has been seized from the defendant,” including when the defendant seeks return of seized property
• a facially sufficient motion for return of property must specifically describe the property at issue, and must allege that the property was his personal property, was not the fruit of criminal activity, and was not being held as evidence

Source: CourtListener parenthetical corpus (CC0).

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

• Scott v. State
  District Court of Appeal of Florida· 2006-02-17· cited 12×
• Almeda v. State
  District Court of Appeal of Florida· 2007-06-27· cited 10×
• Justice v. State
  District Court of Appeal of Florida· 2006-12-22· cited 9×
• Eight Hundred, Inc. v. State
  District Court of Appeal of Florida· 2005-02-18· cited 6×
• Wilson v. State
  District Court of Appeal of Florida· 2007-05-23· cited 6×
• Juan Sanchez, a/k/a George Ruiz, a/k/a Miguel Martinez v. State of Florida
  District Court of Appeal of Florida· 2015-08-05· cited 5×
• Sanchez v. State
  District Court of Appeal of Florida· 2012-05-16· cited 4×
• Harkless v. State
  District Court of Appeal of Florida· 2007-03-23· cited 3×
• Clinton v. State
  District Court of Appeal of Florida· 2013-03-15· cited 3×
• Shade v. State
  District Court of Appeal of Florida· 2011-03-04· cited 2×
• Scott Arel v. State
  District Court of Appeal of Florida· 2015-03-18· cited 2×
• Malcolm N. Peterson v. State
  District Court of Appeal of Florida· 2018-06-18· cited 2×
• Holmes v. State
  District Court of Appeal of Florida· 2008-12-17· cited 1×
• Miguel A/K/A Angel v. State
  District Court of Appeal of Florida· 2016-12-21· cited 1×
• Watkins v. State
  District Court of Appeal of Florida· 2017-10-18· cited 1×
• Juste v. State
  District Court of Appeal of Florida· 2012-10-17· cited 1×
• Sanchez v. State
  District Court of Appeal of Florida· 2014-07-30
• Edwin Matos v. State of Florida
  District Court of Appeal of Florida· 2015-06-17
• Smith v. State
  District Court of Appeal of Florida· 2017-08-16
• CHARLES JOHNSON v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2017-08-30

Cites

10 cases in this archive are cited by this case.

• Brown v. State
  District Court of Appeal of Florida· 1993-02-05· cited 27×
• Coon v. State
  District Court of Appeal of Florida· 1991-09-06· cited 20×
• Stone v. State
  District Court of Appeal of Florida· 1994-01-14· cited 18×
• Kern v. State
  District Court of Appeal of Florida· 1998-01-30· cited 12×
• Butler v. State
  District Court of Appeal of Florida· 1993-02-12· cited 11×
• Oleandi v. State
  District Court of Appeal of Florida· 1999-01-06· cited 10×
• Harrell v. State
  District Court of Appeal of Florida· 1984-11-16· cited 9×
• Durain v. State
  District Court of Appeal of Florida· 2000-08-18· cited 8×
• Alfonso v. State
  District Court of Appeal of Florida· 1975-09-03· cited 6×
• Bolden v. State
  District Court of Appeal of Florida· 2002-11-06· cited 4×