SANDY SAFFORD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
SANDY SAFFORD, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
463 So. 2d 378
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
We reverse and remand for a new trial in accordance with the decision of the Florida Supreme Court in State v. Neil, 457 So. 2d 481 (Fla.1984) as applied by the court in-Andrews v. State, 459 So. 2d 1018 (Fla.1984).
Reversed and remanded for new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)…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 So. 2d 399 (Fla. 3d DCA 1986); Safford v. State, 463 So. 2d 378 (Fla. 3d DCA 1985); see also, e.g., Hoberman v. State, 400 So. 2d 758 (Fla.1981) (applying Sarmiento holding to pending appeal); Toscano v. State, 393 So. 2d 540 (Fla.1980). There is no merit in the appellant’s points II and IV challenging the admi…
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City OF Miami v. Cornett, 463 So. 2d 399 (Fla. 3d DCA 1985)…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 DCA 1985). Cf. Hoberman v. State, 400 So. 2d 758 (Fla.1981) (applying holding in State v. Sarmiento, 397 So. 2d 643 (Fla.1981), to case pending on áppeal). . 380 U.S. 202, 85 S.Ct. 824, 13 L.Ed.2d 759 (1965). . Swain placed the burden on…
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State v. Safford, 484 So. 2d 1244 (Fla. 1986)…here the original trial and appellate processes were completed when Neil became effective; Neil does apply to those cases where the original trial or original appeal had not been so completed. The opinion of the district court in Safford v. State, 463 So. 2d 378 (Fla.3d DCA 1985), is approved. It is so ordered. BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ„ concur-…
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- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Andrews v. State, 459 So. 2d 1018 (Fla. 1984)