LAVARD FLIMMING, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lago v. State, 582 So. 2d 118 (Fla. 3d DCA 1991)
  …nce was imposed, there were sound reasons to believe that recent release from incarceration was an approved independent reason for departure. See Gibson v. State, 553 So. 2d 701 (Fla.1989); Jones v. State, 553 So. 2d 702 (Fla.1989); Butler v. State, 545 So. 2d 447 (Fla. 3d DCA 1989). But see McKinney v. State, 559 So. 2d 621 (Fla. 3d DCA 1990); Chanquet v. State, 570 So. 2d 962 (Fla. 3d DCA 1990). The recent decision in Smith v. State, 570 So. 2d 1315 (Fla.1991), has at a minimum invalidated recent release fr…
• Butler v. State, 593 So. 2d 569 (Fla. 3d DCA 1992)
  …minal conduct. Although, in a prior appeal in this case, we held that such temporal proximity is, without more, a valid reason in itself for departure from the sentencing guidelines and such announced rule is the law of this case, Butler v. State, 545 So. 2d 447 (Fla. 3d DCA 1989), it would be a manifest injustice to follow such rule in view of the contrary, intervening decision of the Florida Supreme Court in Smith; such manifest injustice constitutes an exception to the law of the case doctrine. See Moral…

Authorities Cited

• Earnest James Finley v. State, 394 So. 2d 215 (Fla. 1st DCA 1981)
• State of Fla. ex rel. Louie L. Wainwright v. Holley, 234 So. 2d 409 (Fla. 2d DCA 1970)
• Ruiter v. Louie L. Wainwright, 249 So. 2d 67 (Fla. 2d DCA 1971)
• Fla. Peach Corp. v. Barron, 249 So. 2d 67 (Fla. 1st DCA 1971)