BRYAN F. JENNINGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1985-05-23
No. 62600
BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.
473 So. 2d 204 Florida Supreme Court (1985) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In accordance with the recent United States Supreme Court order in Jennings v. Florida; — U.S.-, 105 S.Ct. 1351, 84 L.Ed.2d 374 (1985), vacating our decision in this cause reported as Jennings v. State, 453 So. 2d 1109 (Fla.1984), we remand this cause to the trial court for a new trial in light of the United States Supreme Court decisions in Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), Shea v. Louisiana, — U.S.-, 105 S.Ct. 1065, 84 L.Ed.2d 38 (1985), and Smith v. Illinois, — U.S. -, 105 S.Ct. , 490, 83 L.Ed.2d 488 (1984).

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, ALDERMAN, McDONALD, EHRLICH and SHAW, JJ., concur.


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Cited By

  • Jennings v. State, 512 So. 2d 169 (Fla. 1987)
    …, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963), required the suppression of certain photographs taken as a result of an illegally obtained confession. Appellant confessed after his arrest, but that confession was suppressed by our ruling in Jennings v. State, 473 So. 2d 204 (Fla.1985). Thereafter, the court denied appellant’s motion to suppress photographs which showed two abrasions on appellant’s penis. The relevancy of the photographs was that a pathologist had said that the person who raped the physically immature v…
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  • Jennings v. State, 583 So. 2d 316 (Fla. 1991)
    …this Court, Jennings v. State, 453 So. 2d 1109 (Fla.1984), but vacated by the United States Supreme Court in Jennings v. Florida, 470 U.S. 1002, 105 S.Ct. 1351, 84 L.Ed.2d 374 (1985). This Court then remanded for the third trial. Jennings v. State, 473 So. 2d 204 (Fla.1985). . The trial judge imposed the death penalty, finding: (1) the murder was heinous, atrocious, or cruel; (2) the murder was cold, calculated, and premeditated; and (3) the murder was committed during burglary, kidnapping, and rape. . We…

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