DARRYL HENDERSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that a ruling stated to be prospective only does not take effect until the time for rehearing has run.
The case involves a certified question regarding the retroactivity of the Coney v. State decision. The jury selection and trial in the underlying case…
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PER CURIAM.
We have for review a decision certifying the following question to be of great public importance:
DOES THE DECISION IN CONEY v. STATE, 653 So. 2d 1009 (Fla.), cert. denied, — U.S. -, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995) APPLY TO CASES IN WHICH THE JURY SELECTION PROCESS TOOK PLACE AND THE ENTIRE TRIAL CONCLUDED DURING THE PERIOD OF TIME AFTER THE ISSUANCE OF THE CONEY OPINION BUT PRIOR TO THE TIME THAT CONEY BECAME FINAL BY THE DISPOSITION OF ALL MOTIONS FOR REHEARING DIRECTED TO THAT OPINION?
Henderson v. State, 679 So. 2d 805, 808 (Fla. 3d DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The District Court of Appeal held that Coney did not apply to Henderson’s case, because Coney was pending on rehearing at the time of Henderson’s trial.
In Coney, we expressly stated our ruling was prospective only. Coney, 653 So. 2d at 1013. When we state that a ruling is prospective only, the ruling does not take effect until the time for rehearing has run. See, e.g., Allen v. State, 662 So. 2d 323, 329 (Fla.1995), cert. denied, — U.S. -, 116 S.Ct. 1326, 134 L.Ed.2d 477 (1996). Accordingly, where the jury selection process took place before Coney was final, Coney does not apply.
We answer the certified question in the negative and approve the decision of the District Court of Appeal to the extent it is consistent with this opinion.
It is so ordered. KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
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Lewek v. State, 702 So. 2d 527 (Fla. 4th DCA 1997)…senting), the Florida Supreme Court has not stated as much. Furthermore, consistent with the Florida Supreme Court’s repeated statement that the Coney rule is not retroactive, see, e.g., State v. Mejia, 696 So. 2d 339 (Fla.1997); Henderson v. State, 698 So. 2d 1205 (Fla. 1997); Boyett v. State, 688 So. 2d 308 (Fla. 1996), the majority of Florida district courts, including this Court, has specifically held that the 1997 amendment to rule 3.180(b) shall not be applied retroactively. See Ellis, 696 So. 2d at 905…
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Foster v. State, 861 So. 2d 434 (Fla. 1st DCA 2001)…d, as to pipeline cases, retrospectively) when the final opinion in Delgado came down, after the burglary alleged in the present case transpired, but before trial. . Our conclusion in this regard finds support in the decision in Henderson v. State, 698 So. 2d 1205 (Fla.1997), where the supreme court accepted jurisdiction to answer this certified question: DOES THE DECISION IN CONEY v. STATE, 653 So. 2d 1009 (Fla.), cert, denied, [516] U.S. [921], 116 S.Ct. 315, 133 L.Ed.2d 218 (1995) APPLY TO CASES IN WHICH…
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City OF Hollywood v. Witt, 868 So. 2d 1214 (Fla. 4th DCA 2004)…Judicial Administration Rules Committee to draft an amendment to rule 2.160 consistent with this opinion. Tableau, 853 So. 2d at 303. . The mandate did not issue in Tableau until August 20, 2003, after the trial judge ruled. See Henderson v. State, 698 So. 2d 1205 (Fla.1997)(prospective ruling does not take effect until time for rehearing has run).…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Coney v. State, 653 So. 2d 1009 (Fla. 1995)
- Allen v. State, 662 So. 2d 323 (Fla. 1995)
- Henderson v. State, 679 So. 2d 805 (Fla. 3d DCA 1996)