ROVIARO

v.

UNITED STATES

Citator

Cited By (69 total)

• Kelley v. State, 486 So. 2d 578 (Fla. 1986)
  …rgely addressed to the sound discretion of the trial court, and are not to be reversed in the absence of a prejudicial abuse of discretion. Sosa, 215 So. 2d at 744. See also United States v. DeVore, 423 F. 2d 1069, 1073 (4th Cir.1970), cert. denied, 402 U.S. 950, 91 S.Ct. 1604, 29 L.Ed.2d 119 (1971). We find no such abuse of discretion below, and so reject appellant’s argument. Next, appellant argues that the trial court erred in failing to answer a question addressed to it by the jury during its deliberat…
• Meyer v. State, 402 So. 2d 527 (Fla. 3d DCA 1981)
  …d 621 (5th Cir. 1977) (judge who tried defendant whose conviction reversed not disqualified from presiding at new trial); United States v. Mathis, 550 F. 2d 180 (4th Cir. 1977); United States v. DiLorenzo, 429 F. 2d 216 (2d Cir. 1970), cert. denied, 402 U.S. 950, 91 S.Ct. 1609, 29 L.Ed.2d 120 (1971) (judge who heard trial of co-defendant not disqualified). Even as the judicial system “does not provide for no deposit/no return judges, disposable after one use,” United States v. Partin, supra, at 637 n. 20, s…
• United States v. DiFRANCESCO, 449 U.S. 117 (U.S. 1980)
  …y recall the defendant and increase his sentence, at least (and we venture no comment as to this limitation) so long as he has not yet begun to serve that sentence. See, e. g., United States v. DiLorenzo, 429 F. 2d 216, 221 (CA2 1970), cert. denied, 402 U. S. 950 (1971); Vincent v. United States, 337 F. 2d 891, 894 (CA8 1964), cert. denied, 380 U. S. 988 (1965). Thus it may be said with certainty that history demonstrates that the common law never ascribed such finality to a sentence as would prevent a legis…