MICHAEL SWAIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MICHAEL SWAIN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
579 So. 2d 842
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
On appellant’s motion for rehearing, we withdraw our previous opinion, and substitute the following:
The order denying appellant’s motion for post-conviction relief is affirmed because (a) it is time-barred under Rule 3.850, Florida Rules of Criminal Procedure and (b) its substance was raised in an earlier motion which was denied. Assuming the points were properly considered at this time, appellant’s jury separation issue is without merit where, as here, there was no objection to the separation and an admonition was given to the jury. See Pope v. State, 569 So. 2d 1241, 1244 (Fla.1990); Busquet v. State, 498 So. 2d 1353, 1356 (Fla. 3d DCA 1986); Ulloa v. State, 486 So. 2d 1373, 1376 (Fla. 3d DCA 1986).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Sanders v. State, 621 So. 2d 723 (Fla. 5th DCA 1993)…te, 526 So. 2d 743 (Fla. 3d DCA 1988); McKinnon v. State, 523 So. 2d 1238 (Fla. 1st DCA 1988). . Cave v. State, 613 So. 2d 454 (Fla.1993); Taylor v. State, 608 So. 2d 804 (Fla.1992). . See Bundy v. State, 538 So. 2d 445 (Fla.1989); Swain v. State, 579 So. 2d 842 (Fla. 3d DCA), rev. denied, 591 So. 2d 184 (Fla.1991). . See State v. Lyles, 576 So. 2d 706 (Fla.1991). . Cave v. State, 445 So. 2d 341 (Fla.1984); Ellison v. State, 545 So. 2d 480 (Fla. 5th DCA 1989). . See Hargrove v. State, 609 So. 2d 177 (Fla…
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Swain v. State, 911 So. 2d 140 (Fla. 3d DCA 2005)…r postcon-viction relief which was denied on June 22, 1989, and affirmed by this court on March 19,1991. Swain v. State, 16 Fla. L. Weekly 743, 1991 WL 35283 (Fla. 3d DCA Mar. 19, 1991), opinion withdrawn and superseded on rehearing, Swain v. State, 579 So. 2d 842 (Fla. 3d DCA 1991). In 1996, the defendant sought habeas corpus relief from this court, claiming ineffective assistance of appellate counsel for failing to raise various trial issues including what he believed constituted improper questions posed b…
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B.T. v. State, 702 So. 2d 248 (Fla. 4th DCA 1997)…a weapon, however, the officer had no legal basis to “request” B.T. to empty his pockets absent his consent. In this regard, this court has adopted a higher standard of review in determining whether consent by a minor is voluntary. Rouser v. State, 579 So. 2d 842, 845 (Fla. 4th DCA 1991). Specifically, the state must prove by clear and convincing evidence that B.T.’s consent to the search was freely and voluntarily given. Saavedra v. State, 622 So. 2d 952, 956-57 (Fla.1993). We do not find that the state me…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 569 So. 2d 1241 (Fla. 1990)
- Ulloa v. State, 486 So. 2d 1373 (Fla. 3d DCA 1986)
- Busquet v. State, 498 So. 2d 1353 (Fla. 3d DCA 1986)