RALPH BLACKBURN, PETITIONER,
v.
H. G. COCHRAN, JR., DIRECTOR OF DIVISION OF CORRECTIONS, RESPONDENT
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The Florida Supreme Court vacated judgments and sentences against a petitioner convicted while legally insane. The court remanded the petitioner for further proceedings consistent with statutes regarding insanity at the time of conviction.
Yes, judgments and sentences imposed upon a defendant who was legally insane at the time of conviction should be vacated.
“Respondent's return to the writ of habeas corpus, which we have issued in the above cause, concedes that the petitioner at the time of his conviction in the Circuit Court of Pinellas County on five separate charges of uttering forged checks was legally insane and that to the best of his knowledge such petitioner has not been legally restored to a status of sanity prior to the time of said conviction.”
Establishes the key factual concession by the respondent regarding the petitioner's insanity at the time of conviction.
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Join FLexlaw to unlock all legal intelligenceThe petitioner was convicted in the Circuit Court of Pinellas County on five charges of uttering forged checks. The respondent conceded that the petit…
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, Respondent’s return to the writ of habeas corpus, which we have issued in the above cause, concedes that the petitioner at the time of his conviction in the Circuit Court of Pinellas County on five separate charges of uttering forged checks was legally insane and that to the best of his knowledge such petitioner has not been legally restored to a status of sanity prior to the time of said conviction.
The judgments and sentences attacked in these proceedings are accordingly vacated and the petitioner is hereby remanded to the custody of the Sheriff of Pinellas County for further proceedings upon the in-formations filed against him in accordance with the opinion of this Court in Horace v. Culver, 111 So.2d 670, and the provisions of Section 917.01, Florida Statutes 1957, F.S.A.
THOMAS, C. J., and PIOBSON, ROBERTS and O’CONNELL, JJ., concur.
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Sireci v. State, 399 So. 2d 964 (Fla. 1981)…vade a threatened prosecution by any ex post facto indication of a desire to evade prosecution is admissible against the accused where the relevance of such evidence is based on consciousness of guilt inferred from such actions. Mackiewicz v. State, 114 So. 2d 684 (Fla.1959), cert. denied, 362 U.S. 965, 80 S.Ct. 883, 4 L.Ed.2d 879 (1960). A defendant’s attempt to intimidate a state witness is relevant and admissible. Vaccaro v. State, 152 Fla. 123, 11 So. 2d 186 (Fla. 1942); Roberson v. State, 40 Fla. 509, 24…
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Heiney v. State, 447 So. 2d 210 (Fla. 1984)…tion of the motive for the killing. In a number of cases, evidence of prior criminality has been held relevant to the question of motive for the murder of a police officer. See, e.g., Johnson v. State, 130 So. 2d 599 (Fla.1961); Mackiewicz v. State, 114 So. 2d 684 (Fla.1959), cert. denied, 362 U.S. 965, 80 S.Ct. 883, 4 L.Ed.2d 879 (1960); McVeigh v. State, 73 So. 2d 694 (Fla.), appeal dismissed, 348 U.S. 885, 75 S.Ct. 210, 99 L.Ed. 696 (1954). In these cases, evidence of the prior crime was relevant to show t…
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Swafford v. State, 533 So. 2d 270 (Fla. 1988)…So. 2d 1046 (Fla.1985); Justus v. State, 438 So. 2d 358 (Fla.1983), cert. denied, 465 U.S. 1052, 104 S.Ct. 1332, 79 L.Ed.2d 726 (1984); State v. Statewright, 300 So. 2d 674 (Fla.1974); Bryant v. State, 235 So. 2d 721 (Fla.1970); Mackiewicz v. State, 114 So. 2d 684 (Fla.1959), cert. denied, 362 U.S. 965, 80 S.Ct. 883, 4 L.Ed.2d 879 (1960). The examples given in Williams and in subsection 90.404(2)(a) are not an exclusive list of the purposes for which such evidence can be found relevant. While Johnson’s testim…
Previewing 3 of 40 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Horace v. Culver, 111 So. 2d 670 (Fla. 1959)