Opinion · Supreme Court of the United States

Stewart v. Florida

Stewart v. Fla., 460 U.S. 1103 (1983)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1983-04-18
Topic
general

How later courts describe this case

  • rejecting appeal of conviction where appeal based on violation of rights under Cuyler v. Adams
  • defendant stabbed to death victim who he had lured into a shopping center parking lot on the pretext of wanting to buy the victim's car
  • “Generally, ineffective assistance of counsel is a collateral matter which should be addressed through a motion for post-conviction relief.”
  • ineffective assistance of counsel is collateral matter that may not be raised for the first time on appeal, unless facts on which claim is based are evident in appellate record
  • trial judge should not speculate that parole eligibility might be considered by jury and instruct them accordingly; to do so may, in fact, inject consideration of parole into their deliberations where it may not have been before

Citator

UpLaw has not yet analyzed Stewart v. Florida. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
179 opinions

Sup. Ct. Fla.; Sup. Ct. S. C.; Sup. Ct. La.; Sup. Ct; Ga.; Super. Ct. Ga., Butts County; Sup. Ct. Va.; and Sup. Ct. Ala. Cer-tiorari denied.