RONALD S. WOODWARD, PETITIONER,
v.
WARREN H. EDWARDS, JUDGE, CRIMINAL COURT OF RECORD, DIVISION "A", ORANGE COUNTY, FLORIDA, RESPONDENT
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The Florida Supreme Court affirmed the District Court of Appeal's decision in this certiorari proceeding and discharged the writ, finding the lower court's decision correct.
The District Court of Appeal's decision is affirmed and adopted as the decision of the Supreme Court.
A certiorari petition was timely filed on February 11, 1971, within 15 days of the denial of a petition for rehearing on January 29, 1971, which itsel…
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The decision of the District Court of Appeal, Fourth District, reported at 244 So. 2d 438, has been certified by that court for review by certiorari, under Fla.Const. Article V, § 4(2), F.S.A. Oral argument has been dispensed with. Wé have considered the record and briefs of counsel and conclude that the decision of the District Court is correct, and we adopt it as the decision of this Court. See also, Bates v. Amidon, 249 So.2d 1, Sup.Ct. opinion filed this date.
This certiorari proceeding was filed pursuant to Rule 4.5(c) (6), F.A.R., 32 F.S.A., which provides, in part:
* * * unless the district court shall otherwise direct for good cause shown after notice and hearing, a petition for certiorari filed in the Supreme Court within 15 days from the date of the filing of the order, decision or judgment sought to be reviewed or within 15 days from the date of the disposition of a petition for rehearing shall automatically stay further proceedings in the district court and the trial court until the disposition of said petition by the Supreme Court * * * ”
The decision herein reviewed was rendered on December 11, 1970, and a timely petition for rehearing was denied on January 29, 1971. The petition for writ of certiorari was filed on February 11, 1971, thereby continuing the stay of proceedings in this cause.
Accordingly, the Writ is hereby discharged.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.
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Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)…ranted new trials in the interest of justice where the record, though technically sufficient, raises so much doubt that the conviction cannot in conscience be upheld.” Id. at 290 (footnote omitted). On appeal we unanimously reversed. State v. Smith, 249 So. 2d 16 (Fla.1971). Describing the district court’s opinion as “novel,” we held: A twelve-man jury evaluated the evidence, including the credibility of the witnesses, presented in this case and found respondent guilty of the offenses charged. On appeal, th…1 / 4
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Jent v. State, 408 So. 2d 1024 (Fla. 1981)…s claim Jent did not have the benefit of our second Tibbs opinion in which we receded from the case on which he relies. Tibbs v. State, 397 So. 2d 1120 (Fla.1981). In the latter Tibbs we reaffirmed this Court’s previous conclusion in State v. Smith, 249 So. 2d 16 (Fla.1971), that, when a jury properly performs its duty, a reviewing court should not reweigh the evidence. The state concedes that its witnesses were not pillars of the community. Determining the credibility of witnesses, however, is within the p…
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Previewing 3 of 30 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Woodward v. Edwards, 244 So. 2d 438 (Fla. 4th DCA 1970)
- Bates v. Amidon, 249 So. 2d 1 (Fla. 1971)