Case Citator › State v. Callaway

State v. Callaway

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of Florida
Citation
658 So. 2d 983
Decided
Confirmed treatments
1
Flagged citations read
29 of 29
Citing cases (total)
29
Treatment dates
1999
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Callaway was overruled in part on when its two-year filing window begins; the confirmed treatment is listed below. The Florida Supreme Court retained Callaway's conclusion that Hale v. State applies retroactively and its rule that a sentencing claim requiring fact-finding belongs under Rule 3.850.
More on how this was screened

All 29 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

29 later cases cite State v. Callaway; 29 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State v. Callaway?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Florida Supreme Court receded from Callaway's contrary time period for calculating the filing window for Hale claims.

    Dixon v. State · Supreme Court of Florida · filed

    Accordingly, we recede from our statement in Callaway only to the extent it announces a contrary time period for calculating the window for cutting off the filing of claims, see Callaway, 658 So.2d at 987, and recede from Adams, 543 So.2d at 1244, only to the extent that it can be read as mandating the calculation of the two-year time limit from the date our opinion in Hale issued.
    Read the full opinion on CourtListener →

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