OSCAR L. ANDREWS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1984-10-04
No. 64426
overton, McDonald, ehrlich and SHAW, JJ., concur., ALDERMAN, J., dissents with an opinion with which BOYD, C.J., and ADKINS, J., concur.
459 So. 2d 1018 Florida Supreme Court (1984) Negative Treatment
Cited by 42 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Quashed on authority of State v. Neil, 457 So. 2d 481 (Fla.1984), with directions to remand for a new trial.

It is so ordered.

overton, McDonald, ehrlich and SHAW, JJ., concur. ALDERMAN, J., dissents with an opinion with which BOYD, C.J., and ADKINS, J., concur.

Dissent
ALDERMAN, Justice,

ALDERMAN, Justice,

dissenting.

I dissent for the same reasons stated in my dissent in State v. Neil, 457 So. 2d 481 (Fla.1984).

BOYD, C.J., and ADKINS, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (19 total)

  • Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)
    …dge. And, notwithstanding the language in Neil concerning its general non-retroactivity, 457 So. 2d at 488, it is also clear from the Supreme Court’s subsequent reversal for a new trial on the basis of Neil in the identical case of Andrews v. State, 459 So. 2d 1018 (Fla.1984), reversing 438 So. 2d 480 (Fla. 3d DCA 1983), that Neil governs so-called “pipeline” cases such as this one, in which [*303] the issue was properly preserved below and which was pending when Neil was decided. City of Miami v. Cornett, 463…
  • Woods v. State, 490 So. 2d 24 (Fla. 1986)
    …pported by the evidence, and we therefore affirm them. . We held in Neil that that case would not be applied retroactively because of the difficulty presented by incomplete records and reliance on former standards. Our reversal in Andrews v. State, 459 So. 2d 1018 (Fla.1984), should not be seen as a retreat from that stand because the record in Andrews met the Neil criteria. Woods objected to the state's conduct, and, in our discretion, we allowed reconstruction of the record because the court reporter had no…
  • City OF Miami v. Cornett, 463 So. 2d 399 (Fla. 3d DCA 1985)
    …as rendered has already been resolved. Despite the statement in Neil that "we do not hold that the instant decision is retroactive," 457 So. 2d at 488, the Florida Supreme Court’s later action in the substantially identical case of Andrews v. State, 459 So. 2d 1018 (Fla.1984), quashing 438 So. 2d 480 (Fla. 3d DCA 1983), establishes that Neil applies to cases, as the present one, in which the issue was raised at trial and which were pending when Neil was decided. See Safford v. State, 463 So. 2d 378 (Fla. 3d DC…

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