FRANK JACKSON, JR., PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (20 total)

• Logan Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1982)
  …that in Furr v. State, supra, on essentially the same controlling facts, we are satisfied that a Nielsen type conflict exists. Consequently, we reach the merits of the present appeal. In Jackson v. State, 382 So. 2d 749 (Fla. 1st DCA 1980), aff’d, 392 So. 2d 1324 (Fla.1981), the court concluded that a stipulation by the parties that a case could not be prosecuted without the benefit of a confession, enabled the motion to suppress to be dispositive of the case. Accord, Alexander v. State, 399 So. 2d 110 (Fla.…

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• Morgan v. State, 486 So. 2d 1356 (Fla. 1st DCA 1986)
  …state’s right to proceed to trial in the event of reversal on appeal. And so we conclude that there was not, in fact, a dispositiveness stipulation of the kind sanctioned by the courts in Jackson v. State, 382 So. 2d 749 (Fla. 1st DCA 1980), aff'd, 392 So. 2d 1324 (Fla.1981); Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1982); and Zeigler v. State, 471 So. 2d 172 (Fla. 1st DCA 1985).1 We, therefore, need not decide whether this court is bound to consid [*1359] er an appeal on the merits where the state has st…
• Deguster Blake Zeigler v. State, 471 So. 2d 172 (Fla. 1st DCA 1985)
  …t such a stipulation is sufficient to establish the dispositiveness of an issue concerning a confession, even though such issue would otherwise be deemed not dispositive as a matter of law. Jackson v. State, 382 So. 2d 749 (Fla. 1st DCA 1980), affd, 392 So. 2d 1324 (Fla.1981). Therefore, unless this court is prepared to “go behind” the stipulation of the parties in an effort to ascertain whether the issue is truly dispositive, we would be bound to decide the issue reserved for review by the defendant, and thus…

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Authorities Cited

• Nat'l Brands, Inc. v. Willis, 382 So. 2d 749 (Fla. 1st DCA 1980)