LEONE BERDINA ROSACKER, APPELLANT,

v.

ROBERT R. ROSACKER, APPELLEE

Citator

Cited By (56 total)

• Clark v. State, 336 So. 2d 468 (Fla. 2d DCA 1976)
  …eopardy. Strawn v. State ex rel. Anderberg, Fla.1976, 332 So. 2d 601. Whether or not the judge could safely ask defense counsel to take a position with respect to whether he wanted a mistrial is not totally clear. Compare State v. Grayson, Fla.1956, 90 So. 2d 710, with Farmer v. State, supra. Admitting the influence of some of the practical ramifications, we have concluded that the interests of justice would not be served by the adoption of an absolute rule that in every instance there is no need to object…
• Thomason v. State, 620 So. 2d 1234 (Fla. 1993)
  …ion and article I, section 9 of the Florida Constitution. Jeopardy attaches in a criminal proceeding when the jury is impaneled and sworn. Crist v. Bretz, 437 U.S. 28, 38, 98 S.Ct. 2156, 2162, 57 L.Ed.2d 24 (1978); State ex rel. Williams v. Grayson, 90 So. 2d 710, 713 (Fla.1956). The reason that a defendant is put in jeopardy before the trial ends with a verdict has been explained by the United States Supreme Court as follows: The underlying idea, one that is deeply ingrained in at least the Anglo-American…

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• State v. Gaines, 770 So. 2d 1221 (Fla. 2000)
  …6 (Fla. 1993). As we explained in Thomason, jeopardy attaches in a criminal proceeding when the jury is impaneled and sworn. See id. (citing Crist v. Bretz, 437 U.S. 28, 38, 98 S.Ct. 2156, 57 L.Ed.2d 24 (1978), and State ex rel. Williams v. Grayson, 90 So. 2d 710, 713 (Fla.1956)); see also Fla. R.Crim. P. 3.191(c) (providing that the trial is deemed to have commenced when the jury panel for that- specific trial is sworn for the voir dire examination or, if the jury is waived, when the trial proceedings begin…

Authorities Cited

• Pross v. Pross, 72 So. 2d 671 (Fla. 1954)