FREDDIE LEE PITTS AND WILBERT LEE, PETITIONERS,
v.
THE STATE OF FLORIDA, RESPONDENT
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This cause is here on petition for writ of certiorari supported by certificate of the *54District Court of Appeal, First District, that its decision reported in State v. Pitts and Lee, 241 So.2d 399, is one which involves a question of great public interest. See Fla.Const., art. V, § 4(2), F.S.A.
We grant the petition for writ of cer-tiorari.
By “motion in confession of error,” the Attorney General has requested that the above cause be returned to the trial court for the purpose of a new trial. Under such circumstances, it is not necessary for this Court to pass upon the question certified to us.
The opinion of the District Court of Appeal is vacated without any determination on the questions of law discussed therein.
This cause is remanded to the District Court of Appeal for further remand to the trial court with instructions to vacate the judgment and sentence and the plea of guilty so that the Defendants may be re-arraigned and the case set for trial.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (13 total)
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State v. Matera, 266 So. 2d 661 (Fla. 1972)…hed the testimony of Braverman at the trial. “A withholding by the state of knowledge of evidence known to be useful tO' the defendant, even though useful only for impeachment purposes, can be grounds for a new trial. See Pitts v. State, Fla. 1971, 247 So. 2d 53; State v. Pitts, Fla.App.1971, 249 So. 2d 47.” The Florida rule in question, Rule number 3.850, 33 F.S.A., was adopted from, and is essentially verbatim, § 2255 of Title 28 of the U.S.Code, in effect since June [*663] 25, 1948. The Reviser’s Note f…1 / 2
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State v. Johnson, 284 So. 2d 198 (Fla. 1973)…of cleavage become vital and are possibly exculpatory of Johnson. The jury found the defendant guilty and he appealed. The First District Court of Appeal reversed and granted a new trial. In its opinion, the district court relied on Pitts v. State, 247 So. 2d 53 (Fla.1971), and its own State v. Pitts, 249 So. 2d 47 (Fla.App. 1st 1971), entered upon remand of Pitts, in holding the police report admissible for impeachment purposes under these circumstances. Our order granting certiorari in this matter was ba…1 / 2
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Errol Resnick v. State, 287 So. 2d 24 (Fla. 1973)…tions of the system of justice that our Constitution and our court will not tolerate trials in which the prosecutors have tipped the scales of justice against the Defendant. E. g., State v. Pitts, 241 So. 2d 399 (1st D.C.A.Fla. 1970), cert. granted, 247 So. 2d 53 (Fla.1971); Case returned for new trial on the Attorney General’s confession of error in the suppression of evidence: Even in the absence of such a right the State Attorney, being an arm of the Court, and charged with the duty of seeing justice don…
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- State v. Pitts, 241 So. 2d 399 (Fla. 1st DCA 1970)