TaiLexi AI U.S. Case Law

Delap v. State

Delap v. State, 513 So. 2d 1050 (Fla. 1987)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Florida · State Highest Courts
Decided
October 13, 1987
Docket
No. 71261
Judges
Per Curiam
Citations
513 So. 2d 105012 Fla. L. Weekly 532
Cited by 11

Opinion — Per Curiam

513 So.2d 1050 (1987)

David Ross DELAP, Appellant,

v.

STATE of Florida, Appellee.

No. 71261.

Supreme Court of Florida.

October 13, 1987.

Gerry S. Gibson of Steel, Hector and Davis, Miami, for appellant.

Robert A. Butterworth, Atty. Gen. and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Delap appeals the denial of his second motion for postconviction relief [*] and seeks a stay of execution pending disposition of his appeal. The motion is procedurally barred for each of the reasons stated below:

(1) The motion was not filed by January 1, 1987, in accordance with the time limitations of Florida Rule of Criminal Procedure 3.850, and none of Delap's claims qualifies as exceptions set forth in that rule.

(2) The motion is a successive motion which constitutes an abuse of procedure. Delap's first two claims which challenge the validity of trial testimony concerning the cause of death of the victim were raised and rejected in Delap's previous motion for postconviction relief. Delap's *1051 third claim, predicated upon Caldwell v. Mississippi, 472 U.S. 320 , 105 S.Ct. 2633 , 86 L.Ed.2d 231 (1985), should have been raised, if at all, in Delap's first motion for postconviction relief which was filed more than six months after the United States Supreme Court's opinion in Caldwell .

We, therefore, affirm the order denying postconviction relief and deny Delap's application for a stay of execution. No petition for rehearing will be entertained.

It is so ordered.

McDONALD, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ., concur.

BARKETT, J., concurs specially with an opinion, with which KOGAN, J., concurs.

BARKETT, Judge, specially concurring.

I concur because the merits of this appeal from the Court's denial of defendant's 3.850 motion have already been considered and denied by this Court.

KOGAN, J., concurs.

NOTES

[*] The Court affirmed the denial of a previous motion under Florida Rule of Criminal Procedure 3.850 in Delap v. State, 505 So.2d 1321 (Fla. 1987).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1988: 21989: 21990: 21992: 41993: 119882026peak 1992 · 4

Relies on it most ⓘ

  1. David Ross Delap, Sr. v. Richard L. Dugger, Secretary, Department of Corrections, State of Florida890 F.2d 285 (11th Cir. 1989)
  2. Johnson v. State536 So. 2d 1009 (Fla. 1988)
  3. Clark v. State533 So. 2d 1144 (Fla. 1988)
  4. Parker v. Dugger876 F.2d 1470 (11th Cir. 1989)
  5. Terry Brian Tower v. O.J. Phillips979 F.2d 807 (11th Cir. 1992)
  6. Williams v. State557 So. 2d 182 (Fla. Dist. Ct. App. 1990)

Most recent

  1. Gibson v. Florida826 F. Supp. 457 (S.D. Fla. 1993)
  2. Terry Brian Tower v. O.J. Phillips979 F.2d 807 (11th Cir. 1992)
  3. Dennis v. State608 So. 2d 509 (Fla. Dist. Ct. App. 1992)
  4. Gomez v. State600 So. 2d 36 (Fla. Dist. Ct. App. 1992)
  5. Wooden v. State601 So. 2d 283 (Fla. Dist. Ct. App. 1992)
  6. McIntyre v. State559 So. 2d 388 (Fla. Dist. Ct. App. 1990)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Caldwell v. Mississippi, 472 U.S. 320 (1985) 2,075
Delap v. State, 505 So. 2d 1321 (Fla. 1987) 5

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list