FIRST NATIONAL BANK OF CLEARWATER, ETC., PETITIONER,
v.
JOHN BURTON NELSON, JR., ET UX., RESPONDENTS
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By petition for writ of certiorari, we are requested to review a decision of the District Court of . Appeal, Second District, which allegedly conflicts with prior decisions of this Court.
Our initial examination of the petition and record suggested a possible jurisdictional conflict. We issued the writ and have heard arguments on both jurisdiction and merits.
After a thorough consideration of the petition and record, we are now led to conclude that no jurisdictional conflict of decisions is present. Finding, therefore, that the writ was improvidently issued, it is hereby discharged.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
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Lynch v. State, 293 So. 2d 44 (Fla. 1974)…2d 382 (Fla.1969) held that Wade and Gilbert had no applicability to a pre-indictment identification such as that which occurred in the case sub judice. See also Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1972); Chaney v. State, 267 So. 2d 65 (Fla.1972); Ashford v. State, 274 So. 2d 517 (Fla.1973). Defendant also says that a tape recording of testimony given at a preliminary hearing, involving two separate charges against defendant, was improperly admitted. One charge was the instant ca…
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Lloyd v. State, 524 So. 2d 396 (Fla. 1988)…on of this evidence. The prior identification and subsequent misidentification were matters that could properly be considered by the jury as a matter of credibility, since the witness was before the court for examination. See, e.g., Chaney v. State, 267 So. 2d 65 (Fla.1972); Brown v. State, 397 So. 2d 320 (Fla. 2d DCA 1981); Daniels v. State, 262 So. 2d 725 (Fla. 3d DCA 1972). REMAINING ISSUES IN THE GUILT PHASE We find the statements the appellant made at the Indian River County sheriff’s office were prop…
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Delbert Tibbs v. State, 337 So. 2d 788 (Fla. 1976)…so tainted the subsequent lineup and trial identifications as to deprive him of due process of law because this procedure was so suggestive as to give rise to a real likelihood of irreparable mis-identification. The prosecutrix in Chaney v. State, 267 So. 2d 65 (Fla.1972), identified her assailant when presented with a single photograph of him by the Sheriff’s deputy. Subsequently, she identified him from a lineup. Taking into consideration the circumstances surrounding the identification and the guideline…
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