STATE OF FLORIDA, APPELLANT,
v.
FREDERICK L. FANCHER, JR., APPELLEE
STATE OF FLORIDA, APPELLANT,
FREDERICK L. FANCHER, JR., APPELLEE
237 So. 2d 809
Florida District Court of Appeal, Second District (1970)
Positive Treatment
Cited by 3 cases
Opinion of the Court
Reversed on authority of State v. Morgan, Fla.App.1970, 237 So.2d 301, opinion filed June 17, 1970; State v. Neely, Fla.App.1970, 237 So.2d 811, opinion filed July 8, 1970.
HOBSON, C. J., and LILES and PIERCE, JJ., concur.
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Sherrod v. The Honorable Arthur J. Franza, 427 So. 2d 161 (Fla. 1983)…, have “inundated” the appellate courts. We have held that the crowded condition of a trial court docket is not good and sufficient reason to toll a discharge of a defendant where his right to a speedy trial has been denied. See Leonard v. McIntosh, 237 So. 2d 809 (Fla. 1970). By the same token, a crowded docket at the appellate level should not be used as a reason for denying defendant the right to review, rapidly, a decision of the trial court, determining this constitutional right. Furthermore, it is a us…
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State of Fla. ex rel. v. Honorable Murray Goodman, 254 So. 2d 55 (Fla. 3d DCA 1971)…el. Bird v. Stedman, Fla.App.1969, 223 So. 2d 85. Where a clear violation of the right is made to appear an appellate court will issue the writ of prohibition to prevent an unreasonable violation of the right. See Leonard v. McIntosh, Fla.App. 1970, 237 So. 2d 809. As a second and additional ground for the issuance of the writ in this instance, we hold that the state’s failure to make any effort to secure a written, and therefore appealable, order after petitioner’s discharge in open court brings this case w…
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Authorities Cited
- State v. Aloria L. Morgan, 237 So. 2d 301 (Fla. 2d DCA 1970)
- State v. Neely, 237 So. 2d 811 (Fla. 2d DCA 1970)