CHARLES MCKNIGHT, PETITIONER,
v.
THE HONORABLE PHILIP BLOOM, AS JUDGE OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTY, RESPONDENT
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The court granted a writ of prohibition discharging the defendant from prosecution because he was denied his right to a speedy trial under the pre-amendment version of Florida's criminal procedure rule, which the post-amendment grace period does not retroactively apply to arrests made before January 1, 1985.
A defendant arrested before January 1, 1985, is entitled to discharge under Fla.R.Crim.P. 3.191(a)(1) for speedy trial violation, and the post-amendment 10-day grace period in subsection (i)(4) does not apply retroactively to such pre-amendment arrests.
[1] A criminal procedure rule amendment providing a grace period for bringing a defendant to trial does not apply retroactively to arrests made before the amendment's effecti…
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Join FLexlaw to unlock all legal intelligenceCharles McKnight was arrested on August 24 and 29, 1984, and was denied his right to a speedy trial. The hearing on his motion for discharge occurred …
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PER CURIAM.
Based on the authority of State v. Green, 473 So. 2d 823 (Fla. 2d DCA 1985), we grant the petition for a writ of prohibition filed by the petitioner, defendant below, Charles McKnight on the basis that the said petitioner has been denied his right to a speedy trial below and is entitled to discharge under Fla.R.Crim.P. 3.191(a)(1) which was in effect at the time of his arrest (August 24 and 29, 1984). We specifically hold, as did the Second District in Green, that Fla.R.Crim.P. 3.191(i)(4) (effective after 12:01 A.M. January 1,1985) — giving the state a so-called 10-day grace period to bring a defendant to trial after a speedy trial violation has been found — has no application to cases where the arrest, as here, took place prior to the effective date of the amendment. The fact that the hearing on the motion for discharge took place after the effective date of the above amendment does not change this result.
Should the respondent seek further review of this cause, we certify, pursuant to Article V, Section 3(b)(4) of the Florida Constitution, that this decision passes on a question of great public importance, to wit: whether Fla.R.Crim.P. 3.191(i)(4) is applicable to a criminal case wherein the defendant is taken into custody prior to January 1, 1985, 12:01 A.M., the effective date of the above-stated rule.
We assume it will not be necessary to issue a rule absolute in prohibition and that the respondent, upon receipt of this opinion, will forthwith discharge the petitioner from the cause.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
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Iqbal Zabrani v. The Honorable Edward D. Cowart, 502 So. 2d 1257 (Fla. 3d DCA 1986)…orida Supreme Court the exact question which the en banc court certifies today, two of which decisions are presently pending on further review before the Florida Supreme Court. State v. Mortimer, 490 So. 2d 93 (Fla. 3d DCA 1986);1 McKnight v. Bloom, 490 So. 2d 92 (Fla. 3d DCA 1986) (pet. for review pending, No. 68,849); State v. Parvis, 487 So. 2d 1181 (Fla. 3d DCA 1986) (pet. for review pending, No. 68,401). Although it is proper in extraordinary cases for this court to convene an en banc hearing to overrul…1 / 5
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Bloom v. McKNIGHT, 502 So. 2d 422 (Fla. 1987)…PER CURIAM. We have for review McKnight v. Bloom, 490 So. 2d 92 (3rd DCA 1986), in which the Third District Court of Appeal granted McKnight’s petition for writ of prohibition, finding that he had been denied his right to a speedy trial and was entitled to automatic discharge under Florida Rule of Criminal Proce…
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Gordon v. The Honorable Kenneth M. Leffler, 495 So. 2d 200 (Fla. 5th DCA 1986)…UED. DAUKSCH and COBB, JJ., concur. . Fla.R.Crim.P. 3.191(a)(1). . See State v. Brandt, 460 So. 2d 444 (Fla. 5th DCA 1984), review denied, 467 So. 2d 999 (Fla.1985); Bannister v. State, 382 So. 2d 77 (Fla. 5th DCA 1980). . Cf. McKnight v. Bloom, 490 So. 2d 92 (Fla. 3rd DCA 1986); State v. Green, 473 So. 2d 823 (Fla. 2d DCA 1985). . Fla.R.Crim.P. 3.191(i)(4).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Green, 473 So. 2d 823 (Fla. 2d DCA 1985)