Gardner-v-Florida

2 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
20-5488 Franklin Rafael Lopez Toala v. United States Eleventh Circuit 2020-08-25 Denied Response WaivedIFP 5th-Amendment appellate-record due-process evidentiary-hearing fifth-amendment Gardner-v-Florida judicial-procedure presentence-investigation sentencing sentencing-review 1. In reviewing a sentencing judgment, may the Eleventh Circuit consider new materials that were never introduced to the sentencing judge? (A 9-2 spli…
18-8627 Frank Martinez v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP disclosure fifth-amendment gardner-v-florida probation sentencing confidential-recommendation disclosure due-process fifth-amendment gardner-v-florida probation probation-officer sentencing The sentencing court failed to disclose the "Confidential Recommendation" of the Probation Officer in regards to the sentencing of the Petitioner. The…