LEON BURGESS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
  …his Court has never specifically recognized this reason for appellate reversals, at least two district court of appeal opinions have attempted to establish this as a basis for reversal. In Sosa v. Maxwell, 234 So. 2d 690 (Fla. 2d DCA), cert. denied, 240 So. 2d 640 (Fla.1970), cert. denied, 402 U.S. 951, 91 S.Ct. 1635, 29 L.Ed.2d 121 (1971), the district court sought to characterize this Court’s prior reversal of a murder conviction as being based on lack of evidentiary weight. The district court attempted to…

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• Greene v. Massey, 384 So. 2d 24 (Fla. 1980)
  …ejected by the trial court and the District Court of Appeal, Second District, in Sosa v. Maxwell, 234 So. 2d 690 (Fla. 2d DCA 1970). On certiorari from the district court decision, this Court declined to exercise its jurisdiction. Greene v. Maxwell, 240 So. 2d 640 (Fla.1970). At that point the decision of the district court became the law of the case with respect to the double jeopardy claim, at least insofar as the courts of the State of Florida are concerned. As a result, upon appeal from their conviction o…
• State v. Delbert Lee Tibbs, 370 So. 2d 386 (Fla. 2d DCA 1979)
  …d not be granted unless it is clear that injustice will result if not granted.” State v. Coles, 91 So. 2d 200 at 202 (Fla.1956). This standard of review was recognized by this court in Sosa v. Maxwell, 234 So. 2d 690 (Fla.2d DCA 1970), cert. denied, 240 So. 2d 640 (Fla.1970), cert. denied, 402 U.S. 951, 91 S.Ct. 1635, 29 L.Ed.2d 121 (1971). After the Supreme Court reversed the convictions of Greene and Sosa and remanded for new trial, the defendants filed in this court a suggestion for writ of prohibition see…

Authorities Cited

• Escobar v. Bill Currie Ford, Inc., 237 So. 2d 616 (Fla. 2d DCA 1970)
• Huntington Villas By-The-Sea, Inc. v. The Hopkins Corp., Inc., 237 So. 2d 616 (Fla. 2d DCA 1970)