HARRIS LEVESON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court determined that the majority reached its decision on appeal based on the facts set forth in a prior opinion, specifically that the search warrant affidavit was insufficient and the appellant had standing to question the search.
This is the second appearance of the appeal before the court. The Supreme Court previously relinquished jurisdiction to this court with a request to p…
The full statement of facts, procedural history, and disposition for this case are member content.
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This is the second appearance of this appeal before us. Our decision upon the appeal is reported at Fla.App., 138 So.2d 361. On September 12, 1962, the Supreme Court of Florida granted a writ of certiorari and set the cause for consideration on jurisdiction and merits. Thereafter, by opinion filed December 19, 1962, 147 So.2d 524, the Supreme Court relinquished jurisdiction of the cause to this Court with' the request that we “prepare and adopt a majority opinion setting forth the theory and reasoning upon which the majority bases its judgment of reversal.” In the earnest reconsideration of this appeal and with every effort expended to clarify the majority view and to eliminate the ambiguities found by the Supreme Court in the separate views of the majority judges, we have been unable to reconcile the conscientiously held views of the separate judges as to some of the reasoning employed to reach our decision.
We think that it is clear, from the opinions previously filed, both by this Court and the Supreme Court, that the majority reaches its decision on this appeal upon the facts set forth in the opinion of Judge Hendry and for the reasons that, first the affidavit supporting the search warrant was insufficient and fatally defective, and second that the appellant had sufficient standing, with reference to the premises, to permit him to question the search. Our conclusion that the appellant had that standing is supported by different views as to the law which creates that standing. It is these different and conscientiously held views to which we must now respectfully adhere.
We have therefore determined that it is proper to certify the decision on this appeal to the Supreme Court of Florida pursuant to Article V, Section 4, Subsection (2) of the Constitution of the State of Florida, F.S.A. as a decision that passes upon a question of great public interest. Jurisdiction of the cause is returned to the Supreme Court of Florida as directed in its previously mentioned opinion and order.
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State v. Harris Leveson, Jr., 151 So. 2d 283 (Fla. 1963)…ajority agreement on the reasons for the reversal of the trial Judge. The District Court has, however, now certified the decision in this Court stating that it is one which passes upon a question of great public interest. Leveson v. State, Fla.App., 149 So. 2d 80. Our jurisdiction to review the matter is now grounded upon the certification by the District Court. Article V, Section 4(2), Florida Constitution. Carraway v. Revell, Fla., 116 So. 2d 16. The factual background is reflected by the opinion of the D…
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Ernie W. Norman v. State, 388 So. 2d 613 (Fla. 3d DCA 1980)…ted States Supreme Court three years later made clear that this reading of Jones was correct. Brown v. United States, 411 U.S. 223, 93 S.Ct. 1565, 36 L.Ed.2d 208 (1973). . The Florida Supreme Court, presented by certification, see Leveson v. State, 149 So. 2d 80 (Fla. 3d DCA 1963), with the opportunity to address the question of whether the separate holding in Jones (that one legitimately on the premises had standing to complain of an illegal search of the premises) was binding upon the State of Florida, le…
Authorities Cited
- Harris Leveson, Jr. v. State, 138 So. 2d 361 (Fla. 3d DCA 1962)
- State v. Harris Leveson, Jr., 147 So. 2d 524 (Fla. 1962)