SIDNEY FRANKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SIDNEY FRANKS, APPELLANT,
STATE OF FLORIDA, APPELLEE
467 So. 2d 400
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The dispositive issue on appeal is whether the Supreme Court’s ruling in State v. Neil, 457 So. 2d 481 (Fla.1984), applies to cases tried before September 27, 1984, (the date of Neil’s issuance). Relying on the Supreme Court’s decision in Andrews v. State, 459 So. 2d 1018 (Fla.1984) (applying Neil to a case tried before Sept. 27, 1984), we join the Third District and hold “that Neil governs so-called ‘pipeline’ cases such as this one, in which the issue was properly preserved below and which was pending when Neil was decided.” Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985).
Reversed and remanded for new trial.
GLICKSTEIN and HURLEY, JJ., and GOLDMAN, MURRAY, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wright v. State, 471 So. 2d 1295 (Fla. 5th DCA 1985)…t in Witt v. State, 387 So. 2d 922 (Fla.), cert. denied, 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980). 457 So. 2d at 488. The Third District, in Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985), and the Fourth District, in Franks v. State, 467 So. 2d 400 (Fla. 4th DCA 1985), have applied Neil to “pipeline” cases. Because of specificity of the language of Neil set out above, we do not come to the same conclusion. The court in Neil gave as its reason for not applying the decision retroactively, “the d…
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Wright v. State, 491 So. 2d 1100 (Fla. 1986)…PER CURIAM. We have before us Wright v. State, 471 So. 2d 1295 (Fla. 5th DCA 1985), because of express and direct conflict with Franks v. State, 467 So. 2d 400 (Fla. 4th DCA 1985), and Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985). The district court in this case concluded that this Court’s holding in State v. Neil, 457 So. 2d 481 (Fla.1984), regarding the improper use of peremptory challenges, was i…
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Lenard v. State, 477 So. 2d 62 (Fla. 3d DCA 1985)…llenges of prospective black jurors allegedly based solely on race — was pending at the time the Neil decision was rendered and, accordingly, the rule of Neil is applicable to this case. Andrews v. State, 459 So. 2d 1018 (Fla.1984); Franks v. State, 467 So. 2d 400 (Fla. 4th DCA 1985); Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985); Castillo v. State, 466 So. 2d 7 (Fla. 3d DCA 1985); City of Miami v. Cornett, 463 So. 2d 399 (Fla. 3d DCA), dismissed, 469 So. 2d 748 (Fla.1985); Safford v. State, 463 So. 2d 37…
Authorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Jones v. State, 466 So. 2d 301 (Fla. 3d DCA 1985)
- Andrews v. State, 459 So. 2d 1018 (Fla. 1984)