JACK T. RAINWATER, CAROLE ALTER, MARY E. EPPEHIMER, MARY J. FELKINS, JOSEPH F. HATCHER, ROSALYN A. NADLER AND DONALD O. PINDER, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case was remanded by the U.S. Supreme Court for reconsideration in light of Marchetti v. United States. The Florida appellate court vacated its prior judgment and reversed the lower court's judgment, ordering a new trial.
No, the prior judgment should not stand. The court vacated its previous affirmation and reversed the lower court's judgment, ordering a new trial.
“Whereas, on review of this court's judgment by certiorari, the Supreme Court of the United States, by its opinion and judgment filed March 4, 1968 (390 U.S. 196, 88 S.Ct. 900, 19 L.Ed.2d 1037) and mandate dated March 29, 1968, now lodged in this court, vacated this court's judgment and remanded the case to this court for further consideration in light of Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889”
Establishes the procedural history and the reason for reconsideration.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellants were convicted in the Criminal Court of Record for Dade County, Florida. This court affirmed the conviction, but the U.S. Supreme Court…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Hoffa V. United States cases and more on FLexlaw
ORDER ON MANDATE
Whereas, the judgment of this court was entered on the 26th day of April, 1966 (186 So.2d 278) affirming the judgment of the Criminal Court of Record for Dade County, Florida, in the above styled cause; and
Whereas, on review of this court’s judgment by certiorari, the Supreme Court of the United States, by its opinion and judgment filed March 4, 1968 (390 U.S. 196, 88 S.Ct. 900, 19 L.Ed.2d 1037) and mandate dated March 29, 1968, now lodged in this court, vacated this court’s judgment and remanded the case to this court for further consideration in light of Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889; Cf. Hoffa v. United States, 387 U.S. 231, 87 S.Ct. 1583, 18 L.Ed.2d 738; and Kolod v. United States, 390 U.S. 136, 88 S.Ct. 752, 19 L.Ed.2d 962.
Now, therefore, having considered the above cases as directed by the Supreme Court of the United States, it is Ordered that the judgment of this court filed on the 26th day of April, 1966, is vacated, and the judgment of the Criminal Court of Record appealed from in this cause is reversed with directions to grant a new trial; costs allowed shall be taxed in the Criminal Court of Record (Rule 3.16, subd. b, Florida Appellate Rules, 32 F.S.A.).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 220 So. 2d 355 (Fla. 1969)…rewith. It is so ordered. ERVIN, C. J., and ROBERTS, THOR-NAL AND CALDWELL (Retired), JJ., concur. . Tuggle v. Gov’t Employees Ins. Co., 185 So. 2d 487. . Tuggle v. Gov’t Employees Ins. Co., 207 So. 2d 674. . Tuggle v. Gov’t Employees Ins. Co., 208 So. 2d 865.…
-
Hopkins v. State, 227 So. 2d 53 (Fla. 2d DCA 1969)…ents and sentences by the trial court, the Supreme Court of the United States filed its opinion in Rainwater v. Fla., 390 U.S. 196, 88 S.Ct. 900, 19 L.Ed.2d 1037. Also the Third District Court of Appeal filed its opinion in Rainwater v. State, App., 208 So. 2d 865, subsequent to the rendition of the judgments and sentences appealed. The case sub judice and the two cases cited above are generally analogous and inasmuch as the trial court did not have the benefit of the said opinions at the time of the trial of…
-
Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 221 So. 2d 440 (Fla. 3d DCA 1969)…ecision and judgment of that court quashing a portion of a prior decision and judgment of this court. Tug [*441] gle v. Gov’t Employees Ins. Co., 220 So. 2d 355, opinion filed March 9, 1969. By our prior decision, Tuggle v. Gov’t Employees Ins. Co., 208 So. 2d 865, we awarded $750.00 to counsel of record for Tuggle for services in this court. In accord with the directive of the judgment of the Supreme Court of Florida that portion of our prior decision and judgment above referred to is hereby vacated and set…
Authorities Cited
- Marchetti v. United States, 390 U.S. 39 (U.S. 1968)
- Hoffa v. United States, 387 U.S. 231 (U.S. 1967)
- Kolod v. United States, 390 U.S. 136 (U.S. 1968)
- Rainwater v. State, 186 So. 2d 278 (Fla. 3d DCA 1966)
- Rainwater v. Florida, 390 U.S. 196 (U.S. 1968)
- Roberts v. Warden, Maryland Penitentiary, 390 U.S. 196 (U.S. 1968)