Legal Opinion

State v. Johnson

Supreme Court of Florida

Decided June 27, 2013No. SC09-1570PublishedCited by 37 opinions

1Opinion of the CourtCanady, J.

In this case, we consider whether the definition of the term “statutory maximum” announced in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), applies to final criminal sentences imposed before the decision in Blakely issued. In Johnson v. State, 18 So.3d 623, 625 (Fla. 1st DCA 2009), the First District Court of Appeal held that Blakely's new definition applies retroactively to cases on collateral review in which sentences were imposed after the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), was issued. The…

2Cases cited42 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. Ring v. ArizonaSupreme Court of the United States · 2002

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3Cited by37 opinions

  1. Quentin Marcus Truehill v. State of FloridaSupreme Court of Florida · 2017
  2. Sidney Norvil, Jr. v. State of FloridaSupreme Court of Florida · 2016
  3. Tavares David Calloway v. State of FloridaSupreme Court of Florida · 2017
  4. Peters v. StateDistrict Court of Appeal of Florida · 2013
  5. Kenneth R. Jackson v. State of FloridaSupreme Court of Florida · 2017

32 more not listed; retrieve them via the Exa API.

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