JAMES RUSSELL WARD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court granted Ward's petition for review, quashed the Third District Court of Appeal's decision affirming the admissibility of a Department of Corrections release-date letter as evidence of prison-releasee reoffender status, and remanded the case for reconsideration in light of the Court's intervening decision in Yisrael v. State.
The Court did not reach the merits but instead remanded the case to the Third District for reconsideration in light of the Florida Supreme Court's decision in Yisrael v. State, which disapproved the Fourth District's reasoning in the underlying Yisrael decision.
[1] A Department of Corrections release-date letter is a permissible means of establishing a defendant's status as a prison-releasee reoffender.
[2] A court's prior decision may be reconsidered and applied to pending cases following a subsequent ruling by a higher court.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We have for review Ward v. State, 965 So. 2d 308 (Fla. 3d DCA 2007), in which the Third District Court of Appeal affirmed the admissibility of a Department of Corrections release-date letter as a permissible means of establishing the defendant's status as a prison-releasee reoffender.”
Establishes the issue before the Court—the admissibility of the DOC release-date letter.
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Join FLexlaw to unlock all legal intelligenceWard was convicted and the trial court admitted a Department of Corrections release-date letter as evidence to establish Ward's status as a prison-rel…
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We have for review Ward v. State, 965 So.2d 308 (Fla. 3d DCA 2007), in which the Third District Court of Appeal affirmed the admissibility of a Department of Corrections release-date letter as a permissible means of establishing the defendant’s status as a prison-releasee reoffender. See id. at 309-11. In the process, the Third District relied upon the reasoning and rule of law articulated in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006) (en banc), disapproved in part, 993 So.2d 952 (Fla.2008), and certified a question of great public importance. See Ward, 965 So.2d at 309-11. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We stayed proceedings in this case pending our disposition of Yisrael, in which we: (1) approved the decision of the First District in Chuy v. State, 910 So.2d 867 (Fla. 1st DCA 2005), and (2) disapproved the reasoning and rule of law articulated by the Fourth District in its underlying decision, but ultimately approved the result reached by that court on other grounds. See Yisrael v. State, 993 So.2d 952, 960-61 (Fla.2008). We subsequently issued an order directing the State to show cause why we should not exercise jurisdiction, summarily quash the decision under review, and remand for reconsideration in light of our decision in Yisrael. The State concedes that this case should be remanded for review pursuant to this Court’s decision in Yisrael, and petitioner Ward agrees with this concession.
Accordingly, we grant the petition for review, quash, and remand to the Third District Court of Appeal for reconsideration upon application of our decision in Yisrael.
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.
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Citator
Cited By
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Ward v. State, 11 So. 3d 459 (Fla. 3d DCA 2009)…SHEPHERD, J. We consider on remand our opinion in Ward v. State, 965 So. 2d 308 (Fla. 3d DCA 2007), which the Florida Supreme Court quashed following its decision in Ward v. State, 7 So. 3d 520 (Fla.2009). As ordered by the supreme court, we apply its decision in Yisrael v. State, 993 So. 2d 952 (Fla.2008) (Yisrael II), to the facts of this case. In Yisrael II, the supreme court disapproved of the holding in Yisrael v. State, 938 So. 2d…
Authorities Cited
- Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Gray v. State, 910 So. 2d 867 (Fla. 1st DCA 2005)
- Ward v. State, 965 So. 2d 308 (Fla. 3d DCA 2007)