District Court of Appeal of Florida· 10/6/2004
McBride v. State
Citations
- 884 So. 2d 476
- 2004 WL 2251868
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, like Apprendi, \ Blakely does not apply retroactively to cases on collateral review\
- holding that \Blakely does not entitle a defendant to have a jury determine whether he has the requisite predicate convictions for a habitual felony offender sentence\
- holding that a jury did not need to determine whether defendant had the requisite predicate convictions for habitual felony sentence
- holding that a jury did not need to determine whether defendant had the requisite predicate convictions for habitual felony sentence
- holding that “Blakely does not entitle a defendant to have a jury determine whether he has the requisite predicate convictions for a habitual felony offender sentence”
- recognizing that neither Apprendi nor Blakely is applicable to habitual offender sentences
Source: CourtListener parenthetical corpus (CC0).
Judges: Taylor
Read full opinion on CourtListenerCited by
50 cases in this archive cite this case; the 20 most cited are listed.
- Galindez v. StateSupreme Court of Florida· 2007-02-15· cited 159×
- Burgal v. StateDistrict Court of Appeal of Florida· 2004-11-17· cited 33×
- Calloway v. StateDistrict Court of Appeal of Florida· 2005-09-16· cited 29×
- Burrows v. StateDistrict Court of Appeal of Florida· 2004-11-19· cited 22×
- Smith v. StateCourt of Appeals of Mississippi· 2006-02-21· cited 19×
- Tush-ee Lewis Hunter v. State of FloridaDistrict Court of Appeal of Florida· 2015-05-11· cited 17×
- Thomas v. StateDistrict Court of Appeal of Florida· 2005-10-05· cited 15×
- Gurley v. StateDistrict Court of Appeal of Florida· 2005-07-27· cited 13×
- Tillman v. StateDistrict Court of Appeal of Florida· 2005-03-23· cited 12×
- Dinkens v. StateDistrict Court of Appeal of Florida· 2008-03-13· cited 10×
- Modest v. StateDistrict Court of Appeal of Florida· 2005-02-09· cited 9×
- Bozeman v. StateDistrict Court of Appeal of Florida· 2006-06-07· cited 9×
- Kepner v. StateDistrict Court of Appeal of Florida· 2005-09-28· cited 9×
- Langford v. StateDistrict Court of Appeal of Florida· 2006-05-05· cited 8×
- Garcia v. StateDistrict Court of Appeal of Florida· 2005-10-05· cited 7×
- Sustakoski v. StateDistrict Court of Appeal of Florida· 2008-09-24· cited 7×
- Sheffield v. StateDistrict Court of Appeal of Florida· 2005-06-08· cited 6×
- Matthews v. StateDistrict Court of Appeal of Florida· 2004-12-29· cited 6×
- Thompson v. StateDistrict Court of Appeal of Florida· 2007-03-02· cited 5×
- Davis v. StateDistrict Court of Appeal of Florida· 2006-03-15· cited 4×
Cites
7 cases in this archive are cited by this case.
- Apprendi v. New JerseySupreme Court· 2000-06-26· cited 28,372×
- Blakely v. WashingtonSupreme Court· 2004-06-24· cited 13,994×
- Tyler v. CainSupreme Court· 2001-06-28· cited 822×
- Eutsey v. StateSupreme Court of Florida· 1980-04-24· cited 180×
- United States v. Emanuel MarseilleEleventh Circuit· 2004-07-21· cited 96×
- In re: Will C. Dean, Jr.Eleventh Circuit· 2004-07-09· cited 71×
- Gordon v. StateDistrict Court of Appeal of Florida· 2001-04-25· cited 18×
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.