GARY HUTCHENS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY HUTCHENS, APPELLANT,
STATE OF FLORIDA, APPELLEE
478 So. 2d 1192
Florida District Court of Appeal, Fifth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
UPCHURCH and COWART, JJ., concur.
COBB, C.J., dissents with opinion.
Dissent
COBB, Chief Judge,
dissenting.
I dissent on the basis that, as I read the record in this case, the search at issue was not contemporaneous with the arrest, as required by New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), the case relied upon by the trial court at the suppression hearing. The applicable case is Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). Cf. State v. Chivers, 400 So. 2d 1247 (Fla. 5th DCA 1981). Suppression of the disputed evidence would be dispositive, and the state has so stipulated. Accordingly, I would reverse.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tivan Johnson v. State (Fla. 3d DCA 2022)…powers purposes, the authority is only exercisable to the extent it has been conferred. No parole authority has been conferred with respect to the first 25 years of incarceration of one convicted of a capital felony.”); Carrion-Viscay v. State, 478 So. 2d 1192, 1193 (Fla. 3d DCA 1985) (“[T]he sentencing court has the discretion to impose two consecutive life terms, each sentence including a twenty-five year minimum mandatory term, for two first-degree murder convictions.”).…
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Petruk v. Allstate Ins. Co., 705 So. 2d 125 (Fla. 2d DCA 1998)…loss of future earning capacity. We reverse. The trial court ruled that during closing argument, Petruk’s counsel could not comment on evidence that had been introduced. See Watkins v. Sims, 81 Fla. 730, 88 So. 764 (1921); Carrion-Viscay v. State, 478 So. 2d 1192 (Fla. 3d DCA 1985). In Collins Fruit Co. v. Giglio, 184 So. 2d 447, 449 (Fla. 2d DCA 1966), the court stated: “the closing argument is a crucial phase of a lawsuit, during which an improper ruling by the trial judge could be so prejudicial as to war…
Authorities Cited
- Coolidge v. New Hampshire, 403 U.S. 443 (U.S. 1971)
- New York v. Belton, 453 U.S. 454 (U.S. 1981)
- State v. Chivers, 400 So. 2d 1247 (Fla. 5th DCA 1981)