JOHNNY HOSKINS, PETITIONER,
v.
LOUIE L. WAINWRIGHT, RESPONDENT

Fla. | 1972-05-31
No. 41995
CARLTON, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
263 So. 2d 204 Florida Supreme Court (1972) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The writ of habeas corpus herein was granted and a return required on the sole issue of whether or not the trial court determined the voluntariness of petitioner’s confession prior to its introduction into evidence at trial. On consideration of the return, we conclude that the District Court of Appeal correctly decided in Hoskins v. State, 208 So.2d 145 (3rd D.C.A.Fla.1968), that this determination was properly made. In the course of disposing of petitioner’s Motion to Suppress, the trial court would have had to consider this issue.

The writ heretofore issued is discharged.

It is so ordered.

CARLTON, Acting C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.


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  • Blanding v. State, 446 So. 2d 1135 (Fla. 3d DCA 1984)
    …illegal drugs on the street. An arrest based on probable cause is not rendered unlawful because the arresting officer attaches an improper label to it. Hoskins v. State, 208 So. 2d 145, 146 (Fla. 3d DCA 1968), aff'd sub nom., Hoskins v. Wainwright, 263 So. 2d 204 (Fla.1972); Chippas v. State, 180 So. 2d 355 (Fla. 3d DCA 1965), aff'd, 194 So. 2d 593 (Fla.1967). The defendant was observed by the arresting officer engaging in three highly suspicious transactions in rapid succession. In the first transaction, t…

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