Legal Opinion

Bauder v. Dept. of Corrections State of Florida

Court of Appeals for the Eleventh Circuit

Decided September 13, 2010No. 10-10657PublishedCited by 13 opinions

1Per curiam

The State of Florida appeals the district court’s grant of Gary William Bauder’s petition for habeas corpus under § 2254, in which the district court ruled that Bau-der’s criminal defense attorney was ineffective by misadvising Bauder regarding the possibility of being civilly committed as a result of pleading to a charge of aggravated stalking of a minor. 1

In 2002, Bauder was charged with aggravated stalking of a minor, in violation of Fla. Stat. § 84.048(5). Bauder, who was represented by counsel, entered plea negotiations with the State immediately before his trial was set to begin and…

2Cases cited3 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Padilla v. KentuckySupreme Court of the United States · 2010
  3. Davis v. Secretary for the Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2003

3Cited by13 opinions

  1. State v. MaldonNew Jersey Superior Court Appellate Division · 2011
  2. United States v. YoungsCourt of Appeals for the Second Circuit · 2012
  3. United States v. William CrainCourt of Appeals for the Fifth Circuit · 2017
  4. Melvin Wofford v. Jeffrey WoodsCourt of Appeals for the Sixth Circuit · 2020
  5. Kim v. Director, Virginia Department of CorrectionsDistrict Court, E.D. Virginia · 2015

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