MCNEAL

v.

CULVER, STATE PRISON CUSTODIAN

Citator

Cited By

• State v. Garofalo, 453 So. 2d 905 (Fla. 4th DCA 1984)
  …jury had exonerated the defendant within the applicable statute of limitations, double jeopardy would not have prevented the state from prosecuting the crime charged in the second information. Le Rea v. Cochran, 115 So. 2d 545 (Fla.1959), cert. den. 362 U.S. 946, 80 S.Ct. 867, 4 L.Ed.2d 865; T.R. v. State, 364 So. 2d 100 (Fla. 1st DCA 1978). Therefore, I do not believe that the supreme court intended the mere notation “refile” to constitute a continuation of the prior case if the new information names an en…
• State v. Katz, 402 So. 2d 1184 (Fla. 1981)
  …. 118 (1939). In the latter instance “from all that appears in the record, the jury could have found [the defendants] not guilty on the actual merits of the case.” 81 So. 2d at 751. See also LeRea v. Cochran, 115 So. 2d 545 (Fla.1959), cert. denied, 362 U.S. 946, 80 S.Ct. 867, 4 L.Ed.2d 865 (1960). Defendant Katz argues that since he did not affirmatively seek a judgment of acquittal based upon the variance, the Beam-on rationale should not be applied to prevent him from denying its materiality when the se…
• In re Int'l Bus. Machs. Corp. v. Int'l Bus. Machs. Corp., 618 F.2d 923 (2d Cir. 1980)
  …Ed.2d 676 (1972); In re Union Leader Corp., [*927] 292 F. 2d 381, 384 (1st Cir. 1961); United States v. Ritter, 273 F. 2d 30, 32 (10th Cir. 1959), motion for leave to file petition for writ of certiorari or alternatively for writ of mandamus denied, 362 U.S. 946, 80 S.Ct. 873, 4 L.Ed.2d 866 (1960); Gladstein v. McLaughlin, 230 F. 2d 762, 763 (9th Cir. 1955); see SCA Services, Inc. v. Morgan, 557 F. 2d 110, 117 (7th Cir. 1977) (mandamus appropriate under mandatory provisions of amended § 455 but not under §…