MODESTO HERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MODESTO HERNANDEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
543 So. 2d 755
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The judgment of the trial court is reversed, and the cause is remanded for a new trial upon the authority of Singletary v. State, 543 So. 2d 755 (Fla. 3d DCA 1988), and Carter v. State, 512 So. 2d 284 (Fla. 3d DCA 1987). We again certify to the Florida supreme court the following question of great importance to the administration of justice:
MAY THE DEFENDANT’S RIGHT TO HAVE THE TRIAL JUDGE PRESENT DURING THE VOIR DIRE OF PROSPECTIVE JURORS BE VALIDLY WAIVED BY HIS ATTORNEY OR MUST THE DEFENDANT PERSONALLY WAIVE SUCH RIGHT?
REVERSED AND REMANDED; QUESTION CERTIFIED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Singletary, 549 So. 2d 996 (Fla. 1989)…McDonald, justice. The district court in this case, Singletary v. State, 543 So. 2d 755, 756 (Fla. 3d DCA 1988), certified the following question of great public importance: MAY THE DEFENDANT’S RIGHT TO HAVE THE TRIAL JUDGE PRESENT [*997] DURING THE VOIR DIRE OF PROSPECTIVE JURORS BE VALIDLY WAIVED BY HIS ATTORNEY, OR MUST THE DEFENDA…
-
State v. Modesto Hernandez, 552 So. 2d 911 (Fla. 1989)…McDONALD, Justice. In Hernandez v. State, 543 So. 2d 755, 755 (Fla. 3d DCA 1989), the district court certified the following question as being of great public importance:* May the defendant’s right to have the trial judge present during the voir dire of prospective jurors be validly waived by his attorne…
-
Kemp v. State, 541 So. 2d 1332 (Fla. 3d DCA 1989)…SCHWARTZ, Chief Judge. Kemp moved for relief from his criminal conviction under Florida Rule of Criminal Procedure 3.850 on the asserted ground that the trial judge had not been present during jury selection. See Singletary v. State, 543 So. 2d 755 (Fla. 3d 1988); Carter v. State, 512 So. 2d 284 (Fla. 3d DCA 1987); Peri v. State, 426 So. 2d 1021 (Fla. 3d DCA 1983), pet. for review denied, 436 So. 2d 100 (Fla.1983). The trial court denied the motion without an evidentiary hearing because, on ad…
Authorities Cited
- Jackson v. State, 512 So. 2d 284 (Fla. 3d DCA 1987)
- Carter v. State, 512 So. 2d 284 (Fla. 3d DCA 1987)
- Singletary v. State, 543 So. 2d 755 (Fla. 3d DCA 1988)