DANIEL WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that conflicting rulings on identical jury selection objections create manifest injustice, requiring a new trial.
Appellant sought post-conviction relief after his jury selection objections were denied, despite a co-defendant receiving a new trial for the same rea…
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PER CURIAM.
This is a consolidated appeal from a denial of a 3.850 motion for post conviction relief and a petition for writ of habeas corpus. The underlying issue concerns a per curiam affirmed opinion on this appellant’s original appeal from a denial of defense objections to the state’s challenging all black venire persons (based on State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) grounds) and a reversal on a later appeal by a different panel of this court on the co defendant’s objections on the exact same grounds (Owen v. State, 575 So. 2d 793 (Fla. 4th DCA 1991)).
Thus, we have the anomalous position of defendant “A” getting a new trial from one panel of this court for the very same reason that this defendant was denied relief by a different panel. This court has previously ruled, en banc, that such diametrically opposite results are “manifestly unjust, unfair and confounds our search for uniformity.” Bourgault v. State, 515 So. 2d 1287 (Fla. 4th DCA 1987). The only other district that has ruled on this subject agreed with this finding. Joseph v. State, 447 So. 2d 243 (Fla. 3d DCA 1983), rev. denied, 447 So. 2d 888 (Fla.1984).
Following the procedure approved in Bourgault, we reverse the trial court’s denial of appellant’s motion for relief under rule 3.850. We further instruct the trial court, upon application by appellant, to vacate his conviction and sentence, and afford him a new trial.
The matter is reversed and remanded for a new trial.
DOWNEY and POLEN, JJ., and FEDER, RICHARD Y., Associate Judge, concur.
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Benedit v. State, 610 So. 2d 699 (Fla. 3d DCA 1992)…1991); Witt v. State, 387 So. 2d 922, 931 (Fla.), cert. denied, 449 U.S. 1067, 101 S.Ct. 796, 66 L.Ed.2d 612 (1980); Joseph v. State, 447 So. 2d 243, 246-47 (Fla. 3d DCA1983) (en banc), rev. denied, 447 So. 2d 888 (Fla.1983); accord Wright v. State, 604 So. 2d 1248 (Fla. 4th DCA1992); Bourgault v. State, 515 So. 2d 1287 (Fla. 4th DCA1987) (en banc). The final order under review is reversed, and the cause is remanded to the trial court with directions to vacate the defendant’s conviction and sentence for poss…
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Fannin v. State, 751 So. 2d 158 (Fla. 2d DCA 2000)…2d 699, 699 (Fla. 3d DCA 1992) (reversing denial of motion for post-conviction relief because of fundamental unfairness after erroneous affirmance on direct appeal in which court incorrectly rejected same point without discussion); Wright v. State, 604 So. 2d 1248, 1249 (Fla. 4th DCA 1992) (reversing denial of motion for postconviction relief after previous per curiam affirmance of Wright’s case on direct appeal and reversal of co-defendant’s case in later appeal on identical ground). Therefore, we reverse t…
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Soland v. State, 608 So. 2d 555 (Fla. 4th DCA 1992)…ER CURIAM. We reverse the trial court’s denial of appellant’s motion for relief under rule [*556] 3.850, and remand with instructions to the trial court to vacate appellant’s conviction and sentence and afford him a new trial. See Wright v. State, 604 So. 2d 1248 (Fla. 4th DCA 1992). GLICKSTEIN, C.J., and ANSTEAD and POLEN, JJ., concur.…
Authorities Cited
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- Men's Int'l Prof'l Tennis Council v. Volvo N. Am. Corp., 487 U.S. 1219 (U.S. 1988)
- Waste Mgmt. of Wis., Inc. v. Wis. Dep't of Natural Res., 487 U.S. 1219 (U.S. 1988)
- Joseph v. State, 447 So. 2d 243 (Fla. 3d DCA 1983)
- Bourgault v. State, 515 So. 2d 1287 (Fla. 4th DCA 1987)
- Sanoh Owen v. State, 575 So. 2d 793 (Fla. 4th DCA 1991)