ARCHIE A. MILLER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1979-12-28
No. 77-1929
Before HENDRY, BARKDULL and SCHWARTZ, JJ.
378 So. 2d 1283 Florida District Court of Appeal, Third District (1979) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. Pait v. State, 188 So. 2d 15 (Fla. 3d DCA 1966); Ersek v. State, 238 So. 2d 481 (Fla. 3d DCA 1970); Dixon v. State, 252 So. 2d 594 (Fla. 3d DCA 1971); McCrae v. State, 313 So. 2d 429 (Fla. 3d DCA 1975); Robinson v. State, 321 So. 2d 121 (Fla. 3d DCA 1975); Crespo v. State, 339 So. 2d 697 (Fla. 3d DCA 1976); Capo v. State, 363 So. 2d 410 (Fla. 1st DCA 1978); North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970).


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  • State v. Chapman Levi Creighton, 469 So. 2d 735 (Fla. 1985)
    …a matter of substantive law controllable by statute not only in criminal cases but in civil cases as well. See, e.g., State ex rel. Sebers v. McNulty, 326 So. 2d 17 (Fla.1975); Clement v. Aztec Sales, Inc., 297 So. 2d 1 (Fla.1974); State v. Matera, 378 So. 2d 1283 (Fla. 3d DCA 1979); State v. I.B., 366 So. 2d 186 (Fla. 1st DCA 1979); State v. Brown, [*740] 330 So. 2d 535 (Fla. 1st DCA 1976); see generally Fla.R.App.P. 9.140, Committee Note. This understanding is in keeping with the common-law rule that a wri…
  • State v. C.C., 449 So. 2d 280 (Fla. 3d DCA 1983)
    …So. 2d 633, 634 (Fla.1962) (“[W]e have no doubt that [the legislature] can restrict the state in seeking review by certiorari of adverse decisions in criminal cases just as it has limited its right to appeal through Sec. 92j.07.”)', State v. Matera, 378 So. 2d 1283, 1286-87 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 639 (Fla.1980) (“[T]hose doors open to the State in initiating appellate review are limited to a specific set of circumstances, see Sections 924.07 and 924.-071 Florida Statutes (1977), and Fla.R…
  • State v. Matera, 401 So. 2d 1361 (Fla. 3d DCA 1981)
    …a v. Wainwright, 277 So. 2d 611 (Fla. 3d DCA 1973); Matera v. Florida, No. 73-2-Civ-JE (S.D.Fla. March 8, 1973); Galtieri v. Wainwright, 545 F. 2d 942 (5th Cir. 1977); Galtieri v. Wainwright, 582 F. 2d 348 (5th Cir. 1978) (en banc); State v. Matera, 378 So. 2d 1283 (Fla. 3d DCA 1980). . A tap of a public phone booth in 1966 was not violative of the Fourth Amendment, which at that time was held to exclude wiretap evidence only where there was “an actual physical invasion of the defendant’s house ‘or curtilage’…

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