ERNEST J. HOPKINS, NORMAN A. MORGAN, WILLIAM HENRY STANDIFER, ALMA JACKSON, PAULINE HARRIS AND CLARENCE HUMBERT, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court vacated judgments and sentences and remanded the case for further consideration in light of newly decided Supreme Court and District Court of Appeal opinions that may have affected the admissibility of evidence.
The court held that the trial court did not have the benefit of the subsequent opinions at the time of trial, and these new opinions might have led to a different conclusion regarding the admissibility of evidence, thus requiring further consideration.
“inasmuch as the trial court did not have the benefit of the said opinions at the time of the trial of the instant case and since it appears now that the cited cases may have led the trial judge to a different conclusion as to the admissibility of certain evidence, the judgments and sentences are vacated and the cause remanded for further consideration in the light of the two above cited decisions.”
This quote explains the primary reason for vacating the judgment and remanding the case.
Appellants were convicted and sentenced by the trial court. Subsequent to these judgments and sentences, the Supreme Court of the United States issued…
The full statement of facts, procedural history, and disposition for this case are member content.
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After the rendition of the judgments 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 the instant case and since it appears now that the cited cases may have led the trial judge to a different conclusion as to the admissibility of certain evidence, the judgments and sentences are vacated and the cause remanded for further consideration in the light of the two above cited decisions.
It is so ordered.
PIERCE and MANN, JJ., concur.
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Standifer, 241 So. 2d 205 (Fla. 2d DCA 1970)…more severe sentence. The five-year sentence appealed is vacated and the cause remanded for re-sentencing in accordance with this opinion. Reversed and remanded. LILES and McNULTY, JJ., concur. . Hopkins et al. v. State of Florida, Fla.App.1969, 227 So. 2d 53.…
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In re The Marriage OF Maurice W. Strauser, 297 So. 2d 856 (Fla. 4th DCA 1974)…risdiction issue was inconclusive and therefore insufficient to enable the trial court to make a just determination of said issue. See McIntosh v. Wibbeler, 106 So. 2d 195 (Fla.1958); Rumpf v. Freedman, 118 So. 2d 237 (Fla.App.1960); Black v. Black, 227 So. 2d 53 (Fla.App.1969). Accordingly, the trial court’s order denying appellant’s motion to vacate default and final judgment is reversed and the cause remanded for the taking of testimony on the jurisdiction issue. Reversed and remanded. CROSS and MAGER,…
Authorities Cited
- Rainwater v. State, 208 So. 2d 865 (Fla. 3d DCA 1968)
- Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 208 So. 2d 865 (Fla. 3d DCA 1968)
- Rainwater v. Florida, 390 U.S. 196 (U.S. 1968)
- Roberts v. Warden, Maryland Penitentiary, 390 U.S. 196 (U.S. 1968)