STATE OF FLORIDA, PETITIONER,
v.
KEVIN SLATTERY, RESPONDENT
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The Florida Supreme Court exercised jurisdiction over a certified question of great public importance in a criminal case and quashed the Fifth District Court of Appeal's decision, remanding for reconsideration in light of the Court's decision in Martinez v. State.
The Florida Supreme Court exercised jurisdiction, granted Slattery's motion for remand and the petition for review, quashed the Fifth District's decision, and remanded the case for reconsideration in light of Martinez.
“We have for review Slattery v. State, 995 So. 2d 515 (Fla. 5th DCA 2007), in which the Fifth District Court of Appeal certified a question of great public importance.”
Establishes the Court's jurisdiction to review a certified question of great public importance.
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Join FLexlaw to unlock all legal intelligenceKevin Slattery was involved in criminal proceedings that reached the Fifth District Court of Appeal, which certified a question of great public import…
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LEWIS, J.
We have for review Slattery v. State, 995 So. 2d 515 (Fla. 5th DCA 2007), in which the Fifth District Court of Appeal certified a question of great public importance. We have jurisdiction. See art. V, § 8(b)(4), Fla. Const. We stayed proceedings in this case pending our disposition of Martinez v. State, 981 So. 2d 449 (Fla.2008). When our decision in Martinez became final, we issued an order directing the parties to show cause why we should not exercise jurisdiction, quash the Slattery decision, and remand for reconsideration in light of our decision in Martinez. Upon considering respondent’s motion for remand and the petitioner’s response to the order to show cause, we have determined to exercise jurisdiction.
We accordingly grant the motion and the petition for review in the present case. The decision under review is quashed, and this matter is remanded to the Fifth District Court of Appeal for reconsideration upon application of this Court’s decision in Martinez.
It is so ordered.
QUINCE, C.J., WELLS, PARIENTE, CANADY, and POLSTON, JJ, and ANSTEAD, Senior Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Martinez v. State, 981 So. 2d 449 (Fla. 2008)
- Slattery v. State, 995 So. 2d 515 (Fla. 5th DCA 2007)