Legal Opinion
Sotto v. Wainwright
Court of Appeals for the Fifth Circuit
Decided August 22, 1979No. 79-1003PublishedCited by 14 opinions
1Opinion of the Court
AINSWORTH, Circuit Judge:
In this habeas corpus action, we must decide the constitutionality as applied of Florida’s Rule of Criminal Procedure 3.800(b), which governs the reduction of sentences by the state’s trial courts. The district court, adopting the report of a United States magistrate, held that strict application of the rule had denied petitioners “fundamental due process” and accordingly granted relief. However, we conclude that the rule’s application in this case did not violate the Constitution and therefore reverse.
I. Background
On March 25, 1975, in the Circuit Court (trial court)…
2Cases cited29 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Pierce v. Society of SistersSupreme Court of the United States · 1925
24 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alvin F. Toney-El v. Gayle F. Franzen, Director of the Department of Corrections, James W. Fairman, Warden, and Paul Hosier, Record Officer SupervisorCourt of Appeals for the Seventh Circuit · 1986
- Dwayne Arnaud and Ellen Arnaud v. Charles B. Odom, Jr., Mary Ann Tolliver and Paul Felix v. Charles B. Odom, Jr. And Robert B. ThompsonCourt of Appeals for the Fifth Circuit · 1989
- Thomas D. Gaertner v. United StatesCourt of Appeals for the Seventh Circuit · 1985
- Hayes v. StateNew Mexico Supreme Court · 1988
- National Western Life Insurance Company v. Commodore Cove Improvement DistrictCourt of Appeals for the Fifth Circuit · 1982
9 more not listed; retrieve them via the Exa API.