Fleming v. State

How courts have described this case

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

• finding lack of diligent search and noting that “the state offered no evidence to explain the four-year delay in executing the capias,” as well as no evidence of “any search”
• when jurisdiction is challenged by claim that statute of limitations has run, burden is on state to establish that prosecution is not barred
• four-year delay in executing capias unreasonable where state made no explanation for the delay
• trial court erred in denying Fleming’s motion to dismiss on the ground that the statute of limitations had expired when “the state offered no evidence to explain the four-year delay in executing the capi-as”
• prosecution for escape commenced more than three years after it was committed, was barred by statute of limitations, absent evidence to explain state's four-year delay in executing capias or evidence that it had made a diligent search to locate defendant

Source: CourtListener parenthetical corpus (CC0).

Cited by

17 cases in this archive cite this case.

• Neal v. State
  District Court of Appeal of Florida· 1997-07-18· cited 19×
• State v. Miller
  District Court of Appeal of Florida· 1991-06-14· cited 12×
• Colvin v. State
  District Court of Appeal of Florida· 1989-04-05· cited 11×
• Walker v. State
  District Court of Appeal of Florida· 1989-05-11· cited 11×
• Sherley v. State
  District Court of Appeal of Florida· 1989-02-16· cited 8×
• Boyd v. State
  District Court of Appeal of Florida· 1997-09-16· cited 8×
• Young v. State
  District Court of Appeal of Florida· 2001-05-21· cited 8×
• Wright v. State
  District Court of Appeal of Florida· 1992-06-12· cited 6×
• Bonel v. State
  District Court of Appeal of Florida· 1995-03-08· cited 4×
• Davis v. State
  District Court of Appeal of Florida· 2010-06-21· cited 4×
• Gilmore v. State
  District Court of Appeal of Florida· 1992-05-22· cited 4×
• Currie v. State
  District Court of Appeal of Florida· 1992-10-06· cited 3×
• Robinson v. State
  District Court of Appeal of Florida· 2014-11-24· cited 2×
• Newman v. State
  District Court of Appeal of Florida· 1998-02-19· cited 2×
• State v. Traber
  Florida Circuit Courts· 1989-10-13
• Williams v. State
  District Court of Appeal of Florida· 2002-12-30
• Johnny Romesh Persaud v. State of Florida
  District Court of Appeal of Florida· 2025-04-02

Cites

3 cases in this archive are cited by this case.

• State v. King
  Supreme Court of Florida· 1973-07-31· cited 40×
• State v. Fields
  Supreme Court of Florida· 1987-04-23· cited 23×
• Akers v. State
  District Court of Appeal of Florida· 1979-04-26· cited 11×