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Harris v. State

Citations

  • 903 So. 2d 363
  • 2005 WL 1397356

How courts have described this case

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

  • concluding the State had failed to overcome a presumption of vindictiveness where the trial court initiated off-the-record plea discussions, departed from its role as a neutral arbiter, and imposed a sentence significantly harsher than the plea offer
  • reversing sentence because an un-rebutted presumption of vindictiveness arose but recognizing that this court had “no way of evaluating the ‘totality of the circumstances’ of the court’s plea offer” where the trial court made the original plea offer off the record, in violation of Warner
  • “Appellate courts should look at the totality of the circumstances when determining whether a defendant’s constitutional right to due process was violated by the imposition of an increased sentence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly

Read full opinion on CourtListener

Cited by

7 cases in this archive cite this case.

Cites

5 cases in this archive are cited by this case.

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