DUDLEY GEORGE HANEMANN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Writ of certiorari having heretofore issued, argument having been heard, and the court having examined the record and briefs, it appears that the writ was improvidently issued. Accordingly, the writ of certiorari heretofore issued in this cause is discharged. See State v. Lowe, 130 So. 2d 288 (Fla.App.1961).
It is so ordered.
ERVIN, C. J., and ROBERTS, ADKINS and BOYD, JJ., concur.
DREW, J., dissents with opinion.
(dissenting).
I dissent. I am in complete agreement with the views expressed and the judgment reached by Judge Rawls in his dissenting opinion in the district court, appearing at 221 So.2d 230.
DREW, Justice
(dissenting).
I dissent. I am in complete agreement with the views expressed and the judgment reached by Judge Rawls in his dissenting opinion in the district court, appearing at 221 So. 2d 230.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (32 total)
-
Lynch v. State, 293 So. 2d 44 (Fla. 1974)…dentification which did not follow the standards set down in United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967), and Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 (1967). This Court in Perkins v. State, 228 So. 2d 382 (Fla.1969) held that Wade and Gilbert had no applicability to a pre-indictment identification such as that which occurred in the case sub judice. See also Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1972); Chaney v. State, 267 So…
-
State v. Ashby, 245 So. 2d 225 (Fla. 1971)…h or unreasonable seizure existed on the facts of this case, where the evidence seized was visible in the yard, or observable through an existing portal to officers who exerted no force and who were legally on the premises. Accord, Perkins v. State, 228 So. 2d 382 (Fla.1969). The second question in this case is whether the respondents could be permitted by law to plead nolo contendere, conditioned on reservation for appellate review of the question of legality of the evidence seized and used against them. Th…
-
McDOLE v. State, 283 So. 2d 553 (Fla. 1973)…onderance of the evidence that a confession was freely and voluntarily given, but the Court added that the states could adopt a higher standard of proof. Prior Florida decisions have required such a higher standard of proof. E. g., Perkins v. State, 228 So. 2d 382 (Fla.1969). We are now, however, in agreement with our highest Federal court that proof of voluntariness by a preponderance of the evidence is a more appropriate requirement. Nevertheless, even by that less onerous standard the prosecution in this c…
Previewing 3 of 32 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Lowe, 130 So. 2d 288 (Fla. 2d DCA 1961)