ROBERT BURATY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1994-06-09
No. 81864
GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur., McDONALD, Senior Justice, dissents.
638 So. 2d 56 Florida Supreme Court (1994) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We review Buraty v. State, 616 So. 2d 550 (Fla. 4th DCA 1993), based on conflict. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We recently resolved the issue presented in this ease in Metcalf v. State, 635 So. 2d 11 (Fla.1994), where we found a due process violation when police used illegally manufactured drugs in a reverse-sting operation. On authority of Metcalf we quash the decision under review.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur. McDONALD, Senior Justice, dissents.


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  • Lamount Hamon v. State, 744 So. 2d 1065 (Fla. 4th DCA 1999)
    …ng crack cocaine is so outrageous that it violates the due process clause. ... The illegal manufacture of crack cocaine by law enforcement officials violates this Court’s sense of justice and fairness.1 623 So. 2d at 466-67; accord Tisby v. State, 638 So. 2d 56, 57 (Fla.1994); Metcalf v. State, 635 So. 2d 11 (Fla.1994). Williams and its progeny clearly present a more compelling case of due process violations than the one at bar. Specifically, the reverse sting in which Hamon was arrested was not conducted…

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