CONE

v.

UNITED STATES

Citator

Cited By (24 total)

• Carmine Vincent Palmieri v. State, 198 So. 2d 633 (Fla. 1967)
  …cution may be instituted and maintained regardless of whether such a hearing is or is not held, and regardless of whether probable cause to hold the accused for trial is or is not found.” Montgomery v. State (Fla.1965), 176 So. 2d 331, cert. denied, 384 U.S. 1023, 86 S.Ct. 1955, 16 L.Ed.2d 1026. A plea of not guilty was entered, no admissions were made, the defendant did not ask to be taken before the magistrate, did not testify at the trial, and no question of illegal arrest was involved on appeal. It ther…
• Donnie Demont Phillips v. State, 612 So. 2d 557 (Fla. 1992)
  …st interview and that the second took place "[j]ust within probably a few minutes" of the first. . We decline to address the other issues raised by Phillips. . To the extent language in Montgomery v. State, 176 So. 2d 331 (Fla.1965), cert. denied, 384 U.S. 1023, 86 S.Ct. 1955, 16 L.Ed.2d 1026 (1966), and Weatherford v. State, 76 Fla. 219, 79 So. 680 (1918), may be read as inconsistent with Traylor and Owen, we recede from Montgomery and Weatherford.…
• Leevy Carlton Mears, Jr. v. State, 232 So. 2d 749 (Fla. 3d DCA 1970)
  …[*752] may be instituted and maintained regardless of whether such a hearing is or is not held, and regardless of whether probable cause to hold the accused for trial is or is not found.’ Montgomery v. State (Fla.1965), 176 So. 2d 331, cert. denied, 384 U.S. 1023, 86 S.Ct. 1955, 16 L.Ed.2d 1026.” 198 So. 2d at 634-635. We have reviewed this record in the light of the Supreme Court’s decision in Pal-mieri and in State v. Hernandez, Fla.1968, 217 So. 2d 109, and hold that the appellant has totally failed to s…