PALMIERI
v.
FLORIDA
Per Curiam.
The petitioner was convicted of robbery in the Criminal Court of Dade County, Florida, and the judgment of conviction was affirmed by the District Court of Appeal, 189 So. 2d 512, and the Supreme Court of Florida, 198 So. 2d 633. We granted certiorari because the case appeared to present a substantial constitutional question concerning the admissibility at trial of “lineup” identifications made after the petitioner was arrested without probable cause for the sole purpose of gathering evidence against him. 391 U. S. 934. However, upon the complete review of the record that has now become possible, and in the light of oral argument by able and conscientious counsel, it has become evident that the legality of the petitioner’s arrest was not at issue in the Florida appellate courts, and is not challenged here. Accordingly, the writ is dismissed as improvidently granted.
It is so ordered.
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Ghelfi v. State, 229 So. 2d 593 (Fla. 3d DCA 1969)…ory requirements of § 901.-23, Fla.Stat., F.S.A., and find no allegation in the Rule 1.850 motion that the state violated any rights or duties under that statute. Cf. Palmieri v. State, Fla.1967, 198 So. 2d 633, cert. dismissed, 89 [*595] S.Ct. 440, 393 U.S. 218, 21 L.Ed.2d 389 (1968). For these reasons the order denying defendant’s Rule 1.850 motion be and the same is hereby Affirmed.…
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Ellison v. State, 257 So. 2d 590 (Fla. 1st DCA 1972)…rd on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the order of the lower court appealed from herein is affirmed. See Palmieri v. State, 198 So. 2d 633 (Fla.1967), cert. dism. 393 U.S. 218, 89 S.Ct. 440, 21 L.Ed.2d 389 (1968), reh. den. 393 U.S. 1045, 89 S.Ct. 611, 21 L.Ed.2d 596 (1968). CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.…
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Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carmine Vincent Palmieri v. State, 198 So. 2d 633 (Fla. 1967)
- Palmieri v. Florida, 391 U.S. 934 (U.S. 1968)
- Sidary v. United States, 391 U.S. 934 (U.S. 1968)
- Shapiro v. Thompson, 392 U.S. 920 (U.S. 1968)
- Carmine Vincent Palmieri v. State, 189 So. 2d 512 (Fla. 3d DCA 1966)