CHESTER WHITE
v.
STATE
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The Florida Supreme Court affirmed a lower court's judgment due to an equally divided court. When the six justices could not agree on whether to affirm or reverse, the court followed precedent to affirm the decision.
When the members of the Supreme Court are permanently and equally divided in opinion as to whether a judgment should be affirmed or reversed, and there is no prospect of an immediate change in the court's personnel, the judgment should be affirmed.
“When the members of the Supreme Court, sitting six members in a body and after full consultation it appears that the members' of the Court are permanently and equally divided in opinion as to whether the judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the judgment should be affirmed”
This quote states the rule applied by the court when faced with an equally divided bench.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal to the Florida Supreme Court. The six justices of the court were equally divided in their opinions regarding whether to af…
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In this case Mr. Chief Justice Whitfield, Mr. Justice Ellis, and Mr. Justice Buford, are of the opinion that the judgment of the Circuit Court should be affirmed, while Mr. Justice Terrell, Mr. Justice Brown, and Mr. Justice Davis, are of the opinion that the said judgment should be reversed. When the members of the Supreme Court, sitting six members in a body and after full consultation it appears that the members' of the Court are permanently and equally divided in opinion as to whether the judgment should be affirmed or reversed, and there is no prospect of an immediate change in the personnel of the Court, the judgment should be affirmed; therefore, it is considered, ordered and adjudged under the authority of State, ex rel. Hampton, v. McClung, 47 Fla. 224, 37 Sou. Rep. 51, that the judgment of the Circuit Court in this cause be and the same is hereby affirmed.
Affirmed.
Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.
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Citator
Cited By
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Ex Parte: Chester White, 131 Fla. 83 (Fla. 1938)…Court of Union County, Florida, for the unlawful killing of Omar Wilson. From this judgment of conviction of murder in the first degree a writ of error was sued out and the judgment of conviction affirmed by this Court. See: Chester White v. State, 126 Fla. 232, [*85] 170 Sou. Rep. 700. “Petitioner alleges that lie is now being unlawfully restrained and deprived of his liberty by being held in custody for execution by electrocution, under and by virtue of a death warrant herein mentioned, by the Superinten…1 / 3
Authorities Cited
- The State of Fla. ex rel. Hiram J. Hampton v. McClung, 47 Fla. 224 (Fla. 1904)