Legal Opinion

State v. Kamins

District Court of Appeal of Florida

Decided January 3, 1996No. 95-0549PublishedCited by 2 opinions

1Opinion of the Court

KLEIN, Judge.

In State v. Riley, 638 So.2d 507 (Fla. 1994), the Florida Supreme Court resolved conflict and disapproved a decision of this court holding that appellant Kamins was legally stopped by an officer when drugs were found in his car. State v. Kamins, 615 So.2d 867 (Fla. 4th DCA 1993), rev. denied, 626 So.2d 206 (Fla.1993). The issue presented here is whether Riley should be applied retroactively to Kamins, pursuant to his motion for post-conviction relief. We conclude that Riley is not retroactive on collateral review.

Kamins was stopped by a police officer because he made two left…

2Cases cited8 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Linkletter v. WalkerSupreme Court of the United States · 1965
  4. Witt v. StateSupreme Court of Florida · 1980
  5. State v. CallawaySupreme Court of Florida · 1995

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3Cited by2 opinions

  1. Windom v. StateSupreme Court of Florida · 2004
  2. Givens v. StateDistrict Court of Appeal of Florida · 1995

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