JOSEPH A. PEEL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSEPH A. PEEL, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
229 So. 2d 892
Florida District Court of Appeal, Second District (1970)
Caution
Cited by 42 cases
Opinion of the Court
Affirmed. See this court’s opinion at 210 So.2d 14. In addition, this is the second motion for similar relief and as noted in the trial judge’s order there has been no new ground set forth by appellant. CrPR 1.850, 3 F.S.A. expressly provides that the sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner.
LILES, Acting C. J., and MANN and McNULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
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Cotita v. State, 381 So. 2d 1146 (Fla. 1st DCA 1980)…9). . 160 Fla. 593, 36 So. 2d 201 (1948). . 110 So. 2d at 659. . Stone, The Rule of Exclusion of Similar Fact Evidence: America, 51 Harv.L.Rev. 988, 989 (1938). . Id. at 1004. . Id. at 1006. . Id. at 1012. . Id. at 1016. . Franklin v. State, 229 So. 2d 892, 894 (Fla. 3d DCA 1969); McCormick, Evidence § 190 at 447 (1972 Ed.): “[T]he range of relevancy outside the ban is almost infinite.” .SAME VICTIM: Clark v. State, 266 So. 2d 687 (Fla. 1st DCA 1972), cert. denied 270 So. 2d 21 (Fla.1972), incest con…
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Sias v. State, 416 So. 2d 1213 (Fla. 3d DCA 1982)…to a wooded area where sexual acts were compelled or attempted, and where ultimately the victim escaped and hailed a passing car, was held insufficient to admit evidence that the defendant committed the collateral crime. See also Franklin v. State, 229 So. 2d 892 (Fla. 3d DCA 1969) (evidence that defendant with gun drawn acting alone committed two robberies in Fort Myers not relevant to prove that defendant with hand under his shirt acted together with two other men to commit a robbery in Miami); Davis v. St…
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Fredrick Herzog v. State, 439 So. 2d 1372 (Fla. 1983)…nce is used. While it is true that the state has the burden of showing relevancy, this burden only shifts to the state after the defendant has made a proper objection to its introduction. State v. Davis, 290 So. 2d 30 (Fla.1974); Franklin v. State, 229 So. 2d 892 (Fla. 3d DCA 1969), cert. denied, 237 So. 2d 754 (Fla.1970). The record fails to indicate any objection by defendant, and he is thereby precluded from arguing this point on appeal. Even assuming, arguendo, that a proper objection was made, our revi…
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- Peel v. State, 210 So. 2d 14 (Fla. 2d DCA 1968)