Burgess v. State

How courts have described this case

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

• holding that movant may assert a Hale [2] claim in a rule 3.800(a) motion if the facts supporting the claim are apparent from the face of the record
• stating that information contained in a police report is hearsay and inadmissible in an adversary criminal proceeding
• noting that police reports or criminal arrest affidavits are not admissible into evidence in criminal proceedings as a public record exception to the hearsay rule because that exception expressly excludes them
• explaining that “information contained in police reports is ordinarily considered hearsay and inadmissible in an adversary criminal proceeding,” and does not fall under any recognized exception to hearsay
• acknowledging that, as a general rule, claims raised in a motion under rule 3.800(a) must be capable of resolution as a matter of law, without an evidentiary determination, and on the face of the existing court records
• rejecting the argument that an unsworn arrest report in the court file indicating that offenses for which defendant was convicted were part of same criminal episode could be used as the basis for determining that offenses arose from same criminal episode

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• State v. Torres
  Supreme Court of Oklahoma· 2004-02-24· cited 59×
• United States v. Rosales-Bruno
  Eleventh Circuit· 2012-04-06· cited 57×
• Carpenter v. State
  District Court of Appeal of Florida· 2004-09-17· cited 43×
• Kristy S. Holt v. Calchas, LLC
  District Court of Appeal of Florida· 2015-01-28· cited 33×
• Barfield v. State
  District Court of Appeal of Florida· 2004-03-26· cited 16×
• Perreault v. State
  District Court of Appeal of Florida· 2003-09-05· cited 12×
• Carter v. State
  District Court of Appeal of Florida· 2007-03-07· cited 12×
• Theophile v. State
  District Court of Appeal of Florida· 2007-09-21· cited 11×
• Harris v. State
  District Court of Appeal of Florida· 2004-06-11· cited 8×
• Wencel v. State
  District Court of Appeal of Florida· 2005-12-21· cited 8×
• Wachter v. State
  District Court of Appeal of Florida· 2004-03-12· cited 5×
• Taylor v. State
  District Court of Appeal of Florida· 2007-11-16· cited 5×
• Teague v. State
  District Court of Appeal of Florida· 2009-12-22· cited 4×
• Jones v. State
  District Court of Appeal of Florida· 2005-02-16· cited 4×
• Ward v. State
  District Court of Appeal of Florida· 2007-09-19· cited 3×
• Woods v. State
  District Court of Appeal of Florida· 2004-04-30· cited 3×
• Lewis v. State
  District Court of Appeal of Florida· 2008-12-03· cited 3×
• Downs v. State
  District Court of Appeal of Florida· 2003-10-10· cited 3×
• Nelson v. State
  District Court of Appeal of Florida· 2003-08-06· cited 3×
• Porkolab v. State
  District Court of Appeal of Florida· 2016-03-23· cited 3×

Cites

11 cases in this archive are cited by this case.

• Hale v. State
  Supreme Court of Florida· 1993-10-14· cited 430×
• State v. Mancino
  Supreme Court of Florida· 1998-06-11· cited 282×
• State v. Callaway
  Supreme Court of Florida· 1995-07-20· cited 219×
• Dixon v. State
  Supreme Court of Florida· 1999-02-04· cited 60×
• Stoll v. State
  Supreme Court of Florida· 2000-04-06· cited 54×
• Callaway v. State
  District Court of Appeal of Florida· 1994-09-14· cited 38×
• Dugger v. Grant
  Supreme Court of Florida· 1992-12-10· cited 35×
• Valdes v. State
  District Court of Appeal of Florida· 2000-07-06· cited 30×
• Bolin v. State
  Supreme Court of Florida· 1999-06-10· cited 19×
• Gramegna v. Parole Com'n
  Supreme Court of Florida· 1996-01-11· cited 2×
• Burgess v. State
  District Court of Appeal of Florida· 2000-07-07· cited 2×