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Florida Statute 11.42 | Lawyer Caselaw & Research
F.S. 11.42 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title III
LEGISLATIVE BRANCH; COMMISSIONS
Chapter 11
LEGISLATIVE ORGANIZATION, PROCEDURES, AND STAFFING
View Entire Chapter
F.S. 11.42
11.42 The Auditor General.
(1) The Auditor General appointed in this section is the auditor that is required by s. 2, Art. III of the State Constitution.
(2) The Auditor General shall be appointed to office to serve at the pleasure of the Legislature, by a majority vote of the members of the Legislative Auditing Committee, subject to confirmation by both houses of the Legislature. At the time of her or his appointment, the Auditor General shall have been certified under the Public Accountancy Law in this state for a period of at least 10 years and shall have had not less than 10 years’ experience in an accounting or auditing related field. Vacancies in the office shall be filled in the same manner as the original appointment.
(3)(a) To carry out her or his duties the Auditor General shall make all spending decisions within the annual operating budget approved by the President of the Senate and the Speaker of the House of Representatives. The Auditor General shall employ qualified persons necessary for the efficient operation of the Auditor General’s office and shall fix their duties and compensation and, with the approval of the President of the Senate and the Speaker of the House of Representatives, shall adopt and administer a uniform personnel, job classification, and pay plan for such employees.
(b) No person shall be employed as a financial auditor who does not possess the qualifications to take the examination for a certificate as certified public accountant under the laws of this state, and no person shall be employed or retained as legal adviser, on either a full-time or a part-time basis, who is not a member of The Florida Bar.
(4) The Auditor General, before entering upon the duties of the office, shall take and subscribe the oath of office required of state officers by the State Constitution.
(5) The appointment of the Auditor General may be terminated at any time by a majority vote of both houses of the Legislature.
(6)(a) The headquarters of the Auditor General shall be at the state capital, but to facilitate auditing and to eliminate unnecessary traveling the Auditor General may establish field offices located outside the state capital. The Auditor General shall be provided with adequate quarters to carry out the position’s functions in the state capital and in other areas of the state.
(b) All payrolls and vouchers for the operations of the Auditor General’s office shall be submitted to the Chief Financial Officer and, if found to be correct, payments shall be issued therefor.
(7) The Auditor General may make and enforce reasonable rules and regulations necessary to facilitate audits which she or he is authorized to perform.
(8) No officer or salaried employee of the Office of the Auditor General shall serve as the representative of any political party or on any executive committee or other governing body thereof; serve as an executive, officer, or employee of any political party committee, organization, or association; or be engaged on behalf of any candidate for public office in the solicitation of votes or other activities in behalf of such candidacy. Neither the Auditor General nor any employee of the Auditor General may become a candidate for election to public office unless she or he first resigns from office or employment. No officer or salaried employee of the Auditor General shall actively engage in any other business or profession or be otherwise employed without the prior written permission of the Auditor General.
(9) Sections 11.25(1) and 11.26 shall not apply to the Auditor General.
History.s. 3, ch. 67-470; s. 3, ch. 69-82; s. 1, ch. 86-217; s. 1, ch. 91-162; s. 1, ch. 94-322; s. 1308, ch. 95-147; s. 2, ch. 95-395; s. 24, ch. 96-318; s. 1, ch. 97-2; s. 71, ch. 97-190; s. 1, ch. 99-4; s. 2, ch. 99-333; s. 14, ch. 2001-266; s. 6, ch. 2003-261.
Note.Former s. 11.183.

F.S. 11.42 on Google Scholar

F.S. 11.42 on Casetext

Amendments to 11.42


Arrestable Offenses / Crimes under Fla. Stat. 11.42
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 11.42.



Annotations, Discussions, Cases:

Cases from cite.case.law:

S. CAUDILL, v. CONOVER,, 881 F.3d 454 (6th Cir. 2018)

. . . (RCr 11.42). . . . RCr 11.42 App. (Vol. 5, Ex. S, p. 584). . . . RCr 11.42 App. (Vol. 5, Ex. V, p. 592). . . . RCr 11.42 App. (Vol. 5, Ex. W, p. 595). . . . RCr 11.42 App. (Vol. 5, Ex. X, p. 599). . . . RCr 11.42 App. at 608-10. • Mike Sipple, a former boyfriend, would have testified that “Virginia is dependent . . . RCr 11.42 App. at 712. . . .

SMITH, v. P. MEKO,, 709 F. App'x 341 (6th Cir. 2017)

. . . P. 11.42; see also Woolbright v. . . . describing the “strong Kentucky preference for [ineffective assistance] claims to be presented” in Rule 11.42 . . . Rule 11.42. . . .

THOMPSON, v. W. PARKER,, 867 F.3d 641 (6th Cir. 2017)

. . . P. 11.42. Thompson v. Commonwealth, No. 2009-SC-000557-MR, 2010 WL 4156756, at *1, *5 (Ky. . . . Jan. 20, 2011) (“Rule 11.42 proceedings”). . . . In the Rule 11.42 proceedings, the state supreme court held that Thompson’s extraneous-evidence claim . . . should have raised on direct appeal, and Kentucky courts do allow such claims to be brought in a RCr 11.42 . . .

STADNICK, v. VIVINT SOLAR, INC. L. P. S. C. F. D J. R. F. F. S. Co. USA LLC, Co. LLC, L. P., 861 F.3d 31 (2d Cir. 2017)

. . . From November 10 to November 11, 2014, the price of Vivint’s stock declined from $14.74 to $11.42 per . . .

MANNS, v. BECKSTROM,, 695 F. App'x 883 (6th Cir. 2017)

. . . 'Manns’s argument treats Grubb as definitive, but by the time of his trial (and his RCr 11.42), Grubb . . .

L. WHEELER, v. L. SIMPSON,, 852 F.3d 509 (6th Cir. 2017)

. . . Cr. 11.42(10)). That time has now passed. . . .

STILTNER, v. HART,, 657 F. App'x 513 (6th Cir. 2016)

. . . Id. at 68 (Page ID #866); see also R. 1-8 (Rule 11.42 Mot.) (Page ID #53). . . . The Rule 11.42 motion sought relief based on Stilt-ner’s significant cognitive impairments. . . . R. 84 (Tr. of Evidentiary Hr’g at 68) (Page ID #866); see also R. 1-8 (Rule 11.42 Mot.) . . . The Magistrate Judge also noted that, as a result of Blair’s Rule 11.42 motion, the state assigned a . . . R. 84 (Tr. of Evidentiary Hr’g at 68) (Page ID #866); see also R. 1-8 (Rule 11.42 Mot.) . . . In December 2004, inmate David Blair helped Stiltner file a motion under Rule 11.42 of the Kentucky Rules . . . see also id. at 2, Page ID 1101 (noting that Burke filed a supplemental pleading to Stiltner’s Rule 11.42 . . . When the state court denied Stiltner’s Rule 11.42 motion, Burke filed a notice of appeal and licensed . . . at 2, Page ID 1101 (noting that the Kentucky Court of Appeals affirmed the denied of Stiltner’s Rule 11.42 . . .

MF GLOBAL HOLDINGS LTD. v. PRICEWATERHOUSECOOPERS LLP,, 199 F. Supp. 3d 818 (S.D.N.Y. 2016)

. . . Ex. 3 at 11.42:5-18.) . . .

THOMAS, v. P. MEKO,, 828 F.3d 435 (6th Cir. 2016)

. . . P. 11.42(3). . . . Unlike Rule 11.42, Rule 60.02(f) contains no bar on successive motions. . . . It first interpreted Thomas’s filing as separate motions: one under Rule 11.42 and another under Rule . . . Kentucky Rule 11.42(3) says nothing of the sort here. . . . P. 11.42(3). . . .

BRIZENDINE, v. W. PARKER,, 644 F. App'x 588 (6th Cir. 2016)

. . . filing a motion to vacate and set aside his sentence pursuant to Kentucky Rule of Criminal Procedure 11.42 . . . According to Brizendine, the deadline for filing Rule 11.42 motions for collateral review claims expired . . . P. 11.42(10) (requiring a motion to vacate to be “filed within three years after the judgment becomes . . . because Briz-endine’s pro se pleadings to that point were insufficient on their face to satisfy Rule 11.42 . . . supplemental memorandum, Brizendine’s pleadings failed to satisfy the specificity requirements of Rule 11.42 . . .

EVOLUTIONARY INTELLIGENCE, LLC, v. SPRINT NEXTEL CORPORATION, L. P. L. P. LLC, v. LLC, v. LLC, v. LLC, v. LLC, v. LLC, v. LLC, v. LLC, v., 137 F. Supp. 3d 1157 (N.D. Cal. 2015)

. . . Id. col.31 11.42-45. . . .

SECURITY NATIONAL BANK OF SIOUX CITY, IA, JMK, a v. DAY K. v. M. D., 800 F.3d 936 (8th Cir. 2015)

. . . Manual for Complex Litigation § 11.42; Federal Judicial Center, Civil Litigation Management Manual, Ch . . .

UNITED STATES v. S. JOHNSON,, 122 F. Supp. 3d 272 (M.D.N.C. 2015)

. . . SEARCHED SEARCHES Checkpoint 35 5.18% 22.27% Driving While 6 20.00% 19.07% Impaired Investigatory 61 11.42% . . . For example, Officer Dockery testified that 11.42% of stopped Hispanics were searched for investigatory . . .

R. WOOLBRIGHT, v. CREWS,, 791 F.3d 628 (6th Cir. 2015)

. . . In 2006, Woolbright filed a pro se motion under Kentucky Rule of Criminal Procedure 11.42 to vacate his . . . The appeals court affirmed the trial court’s denial of the Rule 11.42 petition, Woolbright v. . . . None of these claims were raised in Woolbright’s pro se Rule 11.42 petition or his subsequent appeal. . . . These three IATC claims were raised in the Rule 11.42 petition but not raised on post-conviction appeal . . . court has previously noted the strong Kentucky preference for IATC claims to be presented in a Rule 11.42 . . .

KENEXA BRASSRING, INC. v. HIREABILITY. COM, LLC, LLC, LLC, LLC, LLC,, 59 F. Supp. 3d 206 (D. Mass. 2014)

. . . specification provides an example of a “source data stream” as a “document/file.” '561 Patent col.l 11.42 . . . ones of said source data strings and generating related target data strings.... '939 Patent col. 6 11.42 . . .

In FAMILY DOLLAR FLSA LITIGATION. v., 998 F. Supp. 2d 440 (W.D.N.C. 2014)

. . . average of 64 hours per week as Store Manager and received an average hourly wage between $11.00 and $11.42 . . . payment, Lord earned compensation, which when computed on an hourly basis, averaged between $11.00 and $11.42 . . .

WONDERLAND NURSERYGOODS CO. LTD. v. THORLEY INDUSTRIES, LLC, d b a, 988 F. Supp. 2d 479 (W.D. Pa. 2013)

. . . Id. col. 1 11.42 — 45, (Docket No. 111-7 at 8). . . . Caster col. 1 11.42-45, (Docket No. 111-7 at 8). . . .

ALEXSAM, INC. v. IDT CORPORATION,, 715 F.3d 1336 (Fed. Cir. 2013)

. . . be activated using “unmodified existing standard retail point-of-sale device[s].” '608 patent col.18 11.42 . . .

CLS BANK INTERNATIONAL, CLS v. ALICE CORPORATION PTY. LTD., 717 F.3d 1269 (Fed. Cir. 2013)

. . . matching system for primary product orders submitted by ordering party stakeholders____” Id. col.16 11.42 . . .

KRAUS, Jr. v. TAYLOR,, 715 F.3d 589 (6th Cir. 2013)

. . . second trial in a pro se motion for post-conviction relief under Kentucky Rule of Criminal Procedure 11.42 . . .

J. LAMSON, v. UNITED STATES,, 110 Fed. Cl. 691 (Fed. Cl. 2013)

. . . environment itself encompasses two-dimensional computer generated environments. ’764 patent col.15 11.42 . . .

C. W. ZUMBIEL COMPANY, INC. v. J. KAPPOS,, 702 F.3d 1371 (Fed. Cir. 2012)

. . . Id. col. 5 11.42-45. Claims 1, 2, and 13 are representative. Claim 1 reads: 1. . . .

SANDISK CORPORATION, v. KINGSTON TECHNOLOGY CO. INC., 695 F.3d 1348 (Fed. Cir. 2012)

. . . Id. at col.9 11.42-50. . . . Id. at col.9 11.42-50. . . .

In APPLIED MATERIALS, INC., 692 F.3d 1289 (Fed. Cir. 2012)

. . . refers to “the radial distance between adjacent grooves.” '855 Patent col.5 11.28-29; '847 Patent col.6 11.42 . . . -44; '115 Patent col.6 11.42-44; '455 Patent col.6 11.39-41. . . .

AMKOR TECHNOLOGY, INC. v. INTERNATIONAL TRADE COMMISSION, M, 692 F.3d 1250 (Fed. Cir. 2012)

. . . Id. col.l 11.42-60. . . .

CLS BANK INTERNATIONAL, CLS v. ALICE CORPORATION PTY. LTD., 685 F.3d 1341 (Fed. Cir. 2012)

. . . account balance information, and 2) a computer that can track the account balance. '720 patent eol.65 11.42 . . . being an irrevocable, time invariant obligation placed on said exchange institution. '720 Patent col.65 11.42 . . . See, e.g., '720 Patent col.65 11.42-48 (“A data processing system ... comprising a data storage unit . . .

S. CAUDILL, v. CONOVER,, 871 F. Supp. 2d 639 (E.D. Ky. 2012)

. . . post-conviction motion in state court seeking relief pursuant to Kentucky Rules of Criminal Procedure (“RCr”) 11.42 . . . post-conviction procedures do not provide “rudimentary process”, Kentucky Rule of Criminal Procedure 11.42 . . . RCr. 11.42(5). . . . Instead, the state court held that although the issue was raised in Caudill's RCr 11.42 motion, the trial . . .

ADVANCED FIBER TECHNOLOGIES AFT TRUST, v. J L FIBER SERVICES, INC., 674 F.3d 1365 (Fed. Cir. 2012)

. . . Id. col.9 11.42-43. . . .

MARTINEZ v. RYAN, DIRECTOR, ARIZONA DEPARTMENT Of CORRECTIONS, 566 U.S. 1 (U.S. 2012)

. . . Proc. 11.42(5) (2011); La. Code Crim. Proc. Ann., Art. 930.7(C) (West 2008); Mich. Rule Crim. . . .

MARINE POLYMER TECHNOLOGIES, INC. v. HEMCON, INC., 672 F.3d 1350 (Fed. Cir. 2012)

. . . meet[] the biocompatibility test if none ... show a greater than mild reactivity.” '245 patent col.42 11.42 . . .

SEIRUS INNOVATIVE ACCESSORIES, INC. v. GORDINI U. S. A. INC., 849 F. Supp. 2d 963 (S.D. Cal. 2012)

. . . Id. at col.4 11.42-55. . . .

MEADOWS, v. DOOM,, 450 F. App'x 518 (6th Cir. 2011)

. . . Petitioner then filed a motion for post-conviction relief pursuant to Kentucky Rule of Criminal Procedure 11.42 . . .

ABSOLUTE SOFTWARE, INC. v. STEALTH SIGNAL, INC., 659 F.3d 1121 (Fed. Cir. 2011)

. . . Id. col.3 11.42-43 (emphasis added). . . .

IGT, v. BALLY GAMING INTERNATIONAL, INC., 659 F.3d 1109 (Fed. Cir. 2011)

. . . Appellant’s Br. 27 (citing '885 patent col.36 11.42-44). . . .

ZIRCON CORPORATION, v. STANLEY BLACK DECKER, INC., 452 F. App'x 966 (Fed. Cir. 2011)

. . . by “determining whether the ratio is within a range of inclusively 0.9 to 1.1.” '091 patent col.22 11.42 . . .

EMPLOYEES RETIREMENT SYSTEM OF GOVERNMENT OF VIRGIN ISLANDS, v. MORGAN STANLEY CO. INCORPORATED Co., 814 F. Supp. 2d 344 (S.D.N.Y. 2011)

. . . Approximately 11.42% of the Libertas CDO’s assets were backed by New Century loans. (Id.) . . .

FUJITSU LIMITED, v. TELLABS OPERATIONS, INC. v. v., 821 F. Supp. 2d 1009 (N.D. Ill. 2011)

. . . 6, which outputs demultiplexed wavelengths X.1-XN on individual optical fibers.” '772 Patent, col.2 11.42 . . .

MARINE POLYMER TECHNOLOGIES, INC. v. HEMCON, INC., 659 F.3d 1084 (Fed. Cir. 2011)

. . . Id. col.42 11.42-44. . . . the cultures treated with [the polymer] show[s] a greater than mild reactivity.” '245 Patent col.42 11.42 . . .

WEST, v. J. DONAHUE,, 441 F. App'x 307 (6th Cir. 2011)

. . . next moved to vacate his conviction and sentence pursuant to Kentucky Rule of Criminal Procedure (RCr) 11.42 . . . question: does the Baze rule, which the Kentucky courts discarded during the pendency of West’s RCr 11.42 . . . In other words, the Baze rule prohibited a defendant from using RCr 11.42 to reliti-gate “[a]n issue . . . — reversed course and allowed the defendant to present his ineffective-assistance claims in an RCr 11.42 . . . In Leonard, the defendant’s RCr 11.42 proceeding concluded long before the 2006 Martin decision. 279 . . .

In NTP, INC., 654 F.3d 1279 (Fed. Cir. 2011)

. . . Sjtoring the information received from one of the at least one originating processors.... ”); id. col.20 11.42 . . .

In NTP, INC., 654 F.3d 1268 (Fed. Cir. 2011)

. . . See, e.g., id. col. 17 11.42-44 (“The RF receiver automatically transfers the information to the destination . . .

SOUTHWESTERN BELL TELEPHONE COMPANY d b a AT T v. F. FITCH d b a, 801 F. Supp. 2d 555 (S.D. Tex. 2011)

. . . . # 19], ¶¶ 11.42-11.45. . See Transcript [Doc. # 62], at 131. . 2007 Agreement, § 35. . . . .

MATTHEWS, v. PARKER,, 651 F.3d 489 (6th Cir. 2011)

. . . a “Motion to Set Aside, Correct or Vacate Judgment” pursuant to Kentucky Rule of Criminal Procedure 11.42 . . . (“RCr 11.42”) in the Jefferson Circuit Court. . . . The Kentucky trial court initially denied Petitioner’s RCr 11.42 motion for post-conviction review. . . . This RCr 11.42 motion asserted several new claims for relief. . . . In the interim, the Kentucky Supreme Court denied Petitioner’s amended RCr 11.42 petition. . . .

INVENTIO AG, v. THYSSENKRUPP ELEVATOR AMERICAS CORPORATION,, 649 F.3d 1350 (Fed. Cir. 2011)

. . . Id. col.8 11.42-51. . . .

FOX GROUP, INC. v. CREE, INC., 819 F. Supp. 2d 490 (E.D. Va. 2011)

. . . .”); id. col.4 11.42-43 (“[Dislocations and other material defects propagate within the core region.. . . .

MAINSTREET BANK, v. NATIONAL EXCAVATING CORPORATION,, 791 F. Supp. 2d 520 (E.D. Va. 2011)

. . . feasible means of buying out Finagin, and (ii) that the value of a 100% interest in NEC was approximately $11.42 . . .

WELLMAN, INC. v. EASTMAN CHEMICAL COMPANY,, 642 F.3d 1355 (Fed. Cir. 2011)

. . . “natural spinels and synthetic spinels” are the “most preferred” HUR additives. '317 patent col.ll 11.42 . . . nickel black spinel are characterized as “[particularly outstanding spinel pigments.” '317 patent col.ll 11.42 . . .

L. SANBORN, v. PARKER,, 629 F.3d 554 (6th Cir. 2010)

. . . Sanborn unsuccessfully sought post-conviction relief under Kentucky Rule of Criminal Procedure 11.42. . . . of his state-law petition for postconviction relief pursuant to Kentucky Rule of Criminal Procedure 11.42 . . .

INVESTMENT TECHNOLOGY GROUP, INC. ITG ITG v. LIQUIDNET HOLDINGS, INC. v., 759 F. Supp. 2d 387 (S.D.N.Y. 2010)

. . . Col.5 11.42-44. . ITG 56.1 ¶ 16. . See id. ¶ 17. . Id. ¶ 18. . See id. ¶ 19. . . . Patent '834 col.5 11.42-46. . Claim Construction, 2010 WL 199912, at *7. . . . .

ZOLTEK CORPORATION, v. UNITED STATES,, 95 Fed. Cl. 681 (Fed. Cl. 2010)

. . . fiber sheet products having the preselected desired surface electrical resistances. '162 patent, col.8 11.42 . . .

ERBE ELEKTROMEDIZIN GMBH ERBE USA, v. CANADY TECHNOLOGY LLC, Dr., 629 F.3d 1278 (Fed. Cir. 2010)

. . . “low flow rate,” claim 1 describes it as being “less than about 1 liter/minute,” '745 patent col.ll 11.42 . . .

ROBERTSON, v. SIMPSON,, 624 F.3d 781 (6th Cir. 2010)

. . . order vacating his judgment of conviction and sentence pursuant to Kentucky Rule of Criminal Procedure 11.42 . . . The denial of Robertson’s Rule 11.42 motion became final when the Supreme Court of Kentucky denied discretionary . . .

CORNELISON, v. MOTLEY,, 395 F. App'x 268 (6th Cir. 2010)

. . . P. 11.42, which the state courts denied. JA 209-10. His conviction became final on March 10, 2004. . . .

RING PLUS, INC. v. CINGULAR WIRELESS CORP. II LLC, LLC, AT T, 614 F.3d 1354 (Fed. Cir. 2010)

. . . See id. fig.l, col.10 11.38-41, col.12 11.42-44. . . .

UNITED STATES v. FLOWERS,, 389 F. App'x 476 (6th Cir. 2010)

. . . More drugs and drug paraphernalia, including a plastic bag containing 11.42 grams of crack cocaine, were . . .

TELCORDIA TECHNOLOGIES, INC. v. CISCO SYSTEMS, INC., 612 F.3d 1365 (Fed. Cir. 2010)

. . . Id. at col.9 11.42-47 (emphasis added). . . .

GLODJO, v. WEBB,, 382 F. App'x 429 (6th Cir. 2010)

. . . P. 11.42, claiming — among other things—ineffective assistance of counsel because his trial attorneys . . .

HONEYWELL INTERNATIONAL, INC. v. UNITED STATES, L-, 93 Fed. Cl. 1292 (Fed. Cir. 2010)

. . . Id. col.l 11.42^6. . . .

VIZIO, INC. Co. TPV TPV USA Co. v. INTERNATIONAL TRADE COMMISSION, Co., 605 F.3d 1330 (Fed. Cir. 2010)

. . . an individual program with a corresponding program clock reference (PCR) value.” '074 patent col.ll 11.42 . . .

NOVO NORDISK A S v. CARACO PHARMACEUTICAL LABORATORIES, LTD., 601 F.3d 1359 (Fed. Cir. 2010)

. . . Patent No. 6,677,358 col.10 11.42-43, 48-51 (“the '358 patent”). . . .

SIRF TECHNOLOGY, INC. E- MiTAC USA, v. INTERNATIONAL TRADE COMMISSION,, 601 F.3d 1319 (Fed. Cir. 2010)

. . . See '651 patent col.3 11.42-48 (“The link may be a landline, or other direct communications path.... . . .

CROCS, INC. v. INTERNATIONAL TRADE COMMISSION,, 598 F.3d 1294 (Fed. Cir. 2010)

. . . whereby the strap section lends support to the Achilles portion of a human foot. '858 patent col.9 11.42 . . .

HONEYWELL INTERNATIONAL, INC. v. UNITED STATES, L-, 596 F.3d 800 (Fed. Cir. 2010)

. . . Id. col.l 11.42-46. . . .

HONEYWELL INTERNATIONAL, INC. v. UNITED STATES, L-, 596 F.3d 800 (Fed. Cir. 2010)

. . . Id. col.l 11.42-46. . . .

McELRATH, v. SIMPSON,, 595 F.3d 624 (6th Cir. 2010)

. . . McElrath then moved for post-conviction relief pursuant to Kentucky Rule of Criminal Procedure 11.42. . . .

JENKINS, v. DAILEY,, 348 F. App'x 114 (6th Cir. 2009)

. . . RCr 11.42 in May 2002, seeking to vacate his sentence on three grounds. . . . Cr 11.42 motion, and held that he was barred from seeking relief under Ky. R. Civ. P. 60.02. . . .

HODGE, v. HAEBERLIN,, 579 F.3d 627 (6th Cir. 2009)

. . . Hodge pursued state collateral review under Kentucky Rule of Criminal Procedure 11.42. . . . RCr 11.42(3); see also Crick v. . . . Trial strategy will not be second guessed in [a Criminal Rule] 11.42 proceeding. . . . In that Criminal Rule 11.42 motion, which was filed in the Acker murder case and which referred only . . . If Hodge was prejudiced at all by the absence of Bartley’s Rule 11.42 motion, it was not the level of . . .

MARTEK BIOSCIENCES CORPORATION, v. NUTRINOVA, INC. GMBH,, 579 F.3d 1363 (Fed. Cir. 2009)

. . . .”); id. at col.7 11.42-45 (“As discussed in detail above, the whole-cell biomass can be used directly . . . Id. col.7 11.42-45 (emphasis added). . . .

MAYS, v. CHANDLER,, 342 F. App'x 159 (6th Cir. 2009)

. . . to vacate in a collateral proceeding in Clay Circuit Court under Kentucky Rule of Criminal Procedure 11.42 . . .

GEMTRON CORPORATION, v. SAINT- GOBAIN CORPORATION,, 572 F.3d 1371 (Fed. Cir. 2009)

. . . Id. col.2 11.42-47. . . . See id. col.2 11.42-47 (describing “relatively resilient” ends of fingers “such that the glass panel . . .

BOSS INDUSTRIES, INC. v. YAMAHA MOTOR CORPORATION, U. S. A. INC., 333 F. App'x 531 (Fed. Cir. 2009)

. . . and provides support for the seat [ ],” '149 patent col.4 11.21; col.6 11.38-40; '630 patent col.3 11.42 . . .

LINEAR TECHNOLOGY CORPORATION, v. INTERNATIONAL TRADE COMMISSION, v., 566 F.3d 1049 (Fed. Cir. 2009)

. . . Id. col.16 11.55-57; see id. col.2 11.42-46; id. col.6 11.4-8 (“when the voltage at output is capable . . .

CORDIS CORPORATION, v. BOSTON SCIENTIFIC CORPORATION, 561 F.3d 1319 (Fed. Cir. 2009)

. . . first comer of the third expansion strut pair of the second expansion strut column. '021 patent col.22 11.42 . . .

MATTHEWS, v. L. SIMPSON,, 603 F. Supp. 2d 960 (W.D. Ky. 2009)

. . . RCr 11.42 motion in abeyance. . . . RCr 11.42 Appeal Proc., Appellant’s Br. at 48. . . . RCr 11.42(10). . . . Hereinafter, Matthews' RCr 11.42 brief will be cited as "RCr 11.42 Appeal Proc., Appellant’s Br. at-. . . . Hereinafter, Matthews’ RCr 11.42 brief will be cited as "RCr 11.42 Appeal Proc., Appellant’s Br. at-. . . .

BROADCOM CORPORATION, v. QUALCOMM INCORPORATED,, 543 F.3d 683 (Fed. Cir. 2008)

. . . See, e.g., '317 patent col.12 11.42-46 (“Although the use of a plurality of built-in radio transceivers . . . Id. col.53 11.42-50. . . .

PAPYRUS TECHNOLOGY CORP. v. NEW YORK STOCK EXCHANGE, INC., 581 F. Supp. 2d 502 (S.D.N.Y. 2008)

. . . See '877 Patent col.6 11.42-43. . . .

PETERS, v. CHANDLER,, 292 F. App'x 453 (6th Cir. 2008)

. . . Kentucky Rule of Criminal Procedure 11.42 prohibits post-conviction relief grounded upon issues “which . . . Although a post-conviction Rule 11.42 motion is ordinarily the “appropriate avenue” to claim ineffective . . . Ct.App.1998), when a criminal defendant opts to raise this on direct appeal, Kentucky limits a later 11.42 . . . At his Rule 11.42 evi-dentiary heaving, Peters admitted, “I tried to tell [Hall and Hardy] again and . . . At the Rule 11.42 hearing, however, attorney Hall testified that he spoke with a medical doctor, and, . . . Circuit Court to vacate his conviction and sentence pursuant to Kentucky Rule of Criminal Procedure 11.42 . . .

BOYKIN, v. WEBB,, 541 F.3d 638 (6th Cir. 2008)

. . . On August 21, 2001, Boykin filed a pro se motion under Kentucky Rule of Criminal Procedure 11.42 alleging . . .

ADEPT, INC. v. MUREX SECURITIES, LTD., 539 F.3d 1354 (Fed. Cir. 2008)

. . . 'Ill patent fig. 1, col. 11 11.42-54. . . .

RAILEY, v. WEBB,, 540 F.3d 393 (6th Cir. 2008)

. . . acting pro se, filed a motion with the trial court, pursuant to Kentucky Rule of Criminal Procedure 11.42 . . . court — the same court that accepted Railey’s guilty plea and sentenced him — denied Railey’s Rule 11.42 . . .

BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, v. BENQ AMERICA CORP. Co. HTC LG U. S. A. NEC USA AG, LLP, TCL, 533 F.3d 1362 (Fed. Cir. 2008)

. . . .”); id., col.2 11.42-43 (identifying an “alphabetic character string, such as a word or syllabic element . . .

A. MORNINGSTAR, v. HANEY,, 625 F. Supp. 2d 434 (E.D. Ky. 2008)

. . . P. 11.42 is “limited to issues that were not and could not be raised on direct appeal.” Simmons v. . . . S.W.2d 143, 144 (Ky.1969) (“Insufficiency of evidence is not a ground for relief authorized by RCr 11.42 . . . P. 11.42 — both because he could have raised this claim in his direct appeal to the Kentucky Supreme . . . P. 11.42 motions' — means this claim is procedurally defaulted. See O’Sullivan v. . . . P. 11.42 not only means Morningstar’s sufficiency-of-the-evidence claim is procedurally defaulted, but . . .

GENERAL ATOMICS DIAZYME LABORATORIES DIVISION, v. AXIS- SHIELD ASA,, 277 F. App'x 1001 (Fed. Cir. 2008)

. . . Id. at col.l 11.42-29. . . . See '127 patent col.2 11.42-45 (“The homocysteine co-substrate assessed in the method of the invention . . . Id. at col.2 11.42-45. SAH-hydro-lase acts as the homocysteine converting enzyme. . . .

LONGWELL, v. ARNOLD,, 559 F. Supp. 2d 759 (E.D. Ky. 2008)

. . . Petitioner did not file a motion to vacate pursuant to Kentucky Rule of Criminal Procedure 11.42. . . . P. 11.42. [Record No. 17.] . . .

E. CLOUD, v. BECKSTROM,, 555 F. Supp. 2d 777 (E.D. Ky. 2008)

. . . relief, via an RCr 11.42 motion. . . . According to the RCr 11.42 motion, Petitioner asked Lundy, before he ever accepted the plea agreement . . . Cloud also raised a second argument, in a supplemental RCr 11.42 filing, based on a January 22, 2004 . . . The Bell Circuit Court summarily rejected Cloud’s RCr 11.42 motion and refused an evidentiary hearing . . . The RCr 11.42 supplement included a copy of the fax. See TR at 78-79. . . .

MICROPROCESSOR ENHANCEMENT CORPORATION H. v. TEXAS INSTRUMENTS INCORPORATED,, 520 F.3d 1367 (Fed. Cir. 2008)

. . . Id. at col.21 11.42-66. . . .

COMPUTER DOCKING STATION CORPORATION, v. DELL, INC., 519 F.3d 1366 (Fed. Cir. 2008)

. . . Id. col.7 11.23-26; col.2 11.42-43. . . .

WILSON, v. PARKER,, 515 F.3d 682 (6th Cir. 2008)

. . . days to allow Wilson to file a post-conviction motion pursuant to Kentucky Rule of Criminal Procedure 11.42 . . . In his Rule 11.42 hearing, Wilson alleged, among other things, that he did not knowingly and voluntarily . . . failed to raise his claim on direct appeal and is barred under Kentucky Rule of Criminal Procedure 11.42 . . . P. 11.42(10). . . . In Kentucky, a claimant is barred from asserting ineffective assistance of appellate counsel in an 11.42 . . .

HALLIBURTON ENERGY SERVICES, INC. v. M- I LLC M- I L. L. C., 514 F.3d 1244 (Fed. Cir. 2008)

. . . fragile gel drilling fluid transitions easily from a liquid to a gel and back again. '832 patent col.2 11.42 . . .

P. MARSHALL, v. MORGAN,, 260 F. App'x 789 (6th Cir. 2008)

. . . Petitioner then filed a motion for post-conviction relief pursuant to Kentucky Criminal Rule (RCr) 11.42 . . .

BOWLING, v. HAEBERLINE,, 246 F. App'x 303 (6th Cir. 2007)

. . . Cr. 11.42, on June 22, 1998. . . .

In METOPROLOL SUCCINATE PATENT LITIGATION. AB, LP, v. KV LLC, 494 F.3d 1011 (Fed. Cir. 2007)

. . . coating on the core,” and (iii) “a second outer layer coating on the inner layer.” '318 patent, col.5 11.42 . . . Id. col.5 11.42-55. . . .

AKAMAI TECHNOLOGIES, INC. v. LIMELIGHT NETWORKS, INC., 494 F. Supp. 2d 34 (D. Mass. 2007)

. . . (Id. col.9 11.42-44 (emphasis added); see also id. col.3 ll.42-44 (Brief Summary of the Invention) (“ . . .

NMT MEDICAL, INC. s v. CARDIA, INC., 239 F. App'x 593 (Fed. Cir. 2007)

. . . Id. 11.42-43. . . .

POLYVISION CORPORATION, v. SMART TECHNOLOGIES INC. v., 501 F. Supp. 2d 1042 (W.D. Mich. 2007)

. . . (Col. 4, 11.42— 44.) . . .

FOLEY, v. PARKER,, 488 F.3d 377 (6th Cir. 2007)

. . . P. 11.42, but the trial court denied relief. . . . P. 11.42, the Kentucky Supreme Court reviewed this claim and denied it. . . . The magistrate judge reviewed the Rule 11.42 hearing record and the Kentucky Supreme Court’s decision . . .

STEWART, v. MORGAN,, 232 F. App'x 482 (6th Cir. 2007)

. . . later, he filed a motion to set aside his conviction pursuant to Kentucky Rule of Criminal Procedure 11.42 . . . Stewart filed a second motion to vacate his conviction pursuant to Kentucky Rule of Criminal Procedure 11.42 . . .

In OMEPRAZOLE PATENT LITIGATION. KBI- E, KBI, LP, v. Co., 483 F.3d 1364 (Fed. Cir. 2007)

. . . disagrees with the district court’s construction of “a water soluble salt” in claim 1. '281 Patent col.5 11.42 . . . separating layer as comprising “a water soluble salt of an enteric coating polymer.” '281 Patent col.5 11.42 . . .

FOLEY, v. PARKER,, 481 F.3d 380 (6th Cir. 2007)

. . . no evidence of Foley having a mental defect, and because much of the testimony presented at the Rule 11.42 . . . When asked during the Rule 11.42 hearing whether Foley had been reluctant to put on mitigation evidence . . . stronger is that even when given the opportunity to investigate thoroughly in preparation for the Rule 11.42 . . . P. 11.42, but the trial court denied relief. . . . P. 11.42, the Kentucky Supreme Court reviewed this claim and denied it. . . . The magistrate judge reviewed the Rule 11.42 hearing record and the Kentucky Supreme Court’s decision . . .