State v. Gibson

How courts have described this case

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

• holding that, where the defendants were granted a continuance and thereby waived speedy trial, their notice of expiration was untimely and a nullity
• noting \Florida courts have consistently held that a waiver of speedy trial as to the initial information applies to amended or subsequently filed informations that charge additional crimes provided those crimes arise out of the same criminal episode\
• motion for discharge was untimely, as continuance had already been granted, so motion was nullity and could not trigger procedural mechanism requiring hearing and trial within 15 days
• \The provisions of rule 3.191 make it evident that the rule is not self executing: it requires the defendant to take certain steps to trigger application of rule 3.191(p)(3) which will either ensure a speedy trial or a discharge from the alleged crime.\
• “Pursuant to the provisions of rule 3.191(a), if an individual charged with a felony is not brought to trial within 175 days of the date he or she is taken into custody, the remedy of discharge provided in rule 3.191(p
• \The provisions of rule 3.191 make it evident that the rule is not self executing: it requires the defendant to take certain steps to trigger application of rule 3.191(p)(3) which will either ensure a speedy trial or a discharge from the alleged crime.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• State v. Clifton
  District Court of Appeal of Florida· 2005-03-18· cited 25×
• Wallace and Thomas v. State
  District Court of Appeal of Florida· 2016-04-13· cited 9×
• Curry v. State
  District Court of Appeal of Florida· 2004-06-02· cited 7×
• State v. Pfeiffer
  District Court of Appeal of Florida· 2004-04-14· cited 6×
• State v. Jimenez
  District Court of Appeal of Florida· 2010-10-01· cited 6×
• Pura v. State
  District Court of Appeal of Florida· 2001-06-21· cited 3×
• State v. Clifton
  District Court of Appeal of Florida· 2005-02-11· cited 2×
• McClover v. State
  District Court of Appeal of Florida· 2017-04-19· cited 1×
• Fort v. State
  District Court of Appeal of Florida· 2005-04-15· cited 1×
• White v. State
  District Court of Appeal of Florida· 2012-02-08
• Plowman v. State
  District Court of Appeal of Florida· 2011-12-30

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

• Butterworth in and for Broward Cty. v. Fluellen
  Supreme Court of Florida· 1980-07-24· cited 121×
• State v. Agee
  Supreme Court of Florida· 1993-07-01· cited 85×
• Haliburton v. State
  Supreme Court of Florida· 1987-10-01· cited 66×
• Genden v. Fuller
  Supreme Court of Florida· 1994-11-03· cited 41×
• Lewis v. State
  Supreme Court of Florida· 1978-04-05· cited 28×
• Reed v. State
  Supreme Court of Florida· 1995-01-19· cited 26×
• RJA v. Foster
  Supreme Court of Florida· 1992-06-04· cited 25×
• State v. Guzman
  District Court of Appeal of Florida· 1997-07-30· cited 23×
• Stewart v. State
  Supreme Court of Florida· 1986-07-17· cited 22×
• Blackstock v. Newman
  District Court of Appeal of Florida· 1985-01-02· cited 15×
• Banks v. State
  District Court of Appeal of Florida· 1997-02-19· cited 12×
• Gallego v. Purdy
  District Court of Appeal of Florida· 1982-06-23· cited 10×
• Brownlee v. State
  District Court of Appeal of Florida· 1983-03-15· cited 10×
• Clark v. State
  District Court of Appeal of Florida· 1997-08-13· cited 7×
• Farina v. Perez
  Supreme Court of Florida· 1994-11-03· cited 7×
• Dorian v. State
  Supreme Court of Florida· 1994-10-06· cited 7×
• Morris v. State
  District Court of Appeal of Florida· 1998-09-02· cited 7×
• Eire v. Kaney
  District Court of Appeal of Florida· 1981-02-11· cited 6×
• Dabkowski v. State
  District Court of Appeal of Florida· 1998-05-08· cited 5×
• State v. Yero
  District Court of Appeal of Florida· 1979-11-27· cited 4×