KENNETH RAY WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1973-01-24
Nos. 69-644, 70-307
MANN, C. J., and LILES, J., concur.
271 So. 2d 771 Florida District Court of Appeal, Second District (1973) Caution
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court affirmed the conviction after reconsidering other assignments of error not previously addressed, finding them without merit.


Facts & Procedural History

Appellant was convicted of first-degree murder. This court initially reversed, but the Supreme Court quashed that judgment and remanded. The Supreme C…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PIERCE, Judge (Ret.).

PIERCE, Judge (Ret.).

By opinion filed in and by this 2nd District Court on July 7, 1971 (250 So.2d 333) we reversed the conviction of appellant Kenneth Ray Wright of first degree murder upon the principal ground that admission into evidence at the trial over objection of Wright of certain colored photographs was prejudicial error.

On July 19, 1972, upon review by writ of certiorari, the Supreme Court of Florida, in an opinion reported in 265 So.2d 361, quashed this Court’s said judgment of reversal and remanded the cause back to' this Court “for further proceedings not inconsistent with this [the Supreme Court’s] opinion.”

Upon the original submission of the case upon appeal to this Court, numerous alleged errors were raised and argued. This Court considered and discussed in detail only two of said alleged errors, (1) the admission of the colored photographs in evidence and (2) the refusal of the trial Judge to give the jury certain requested charges having to do with felony-murder offenses. The Supreme Court in its opinion held against this Court on both points.

After the lodging in this 2nd District Court of the Supreme Court’s judgment of quashal aforesaid, we considered it our duty to re-examine the assignments of error and contentions made thereon by appellant Wright in his original appeal to this Court other than the two points aforesaid on which this Court based its reversal. We have accordingly reconsidered such points heretofore raised on behalf of appellant Wright not heretofore referred to in our previous opinion. We find such contentions to be without merit and therefore not reversible.

The foregoing disposes of all contentions heretofore presented to this Court for reversal of the judgment and sentence of the trial Court appealed here. Said judgment so appealed is therefore affirmed and the mandate of this Court is directed to be transmitted forthwith to the trial Court.

So ordered.

MANN, C. J., and LILES, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Banks Real Est. Corp. v. Gordon, 353 So. 2d 859 (Fla. 3d DCA 1977)
    …to purchase under terms fixed by the seller. Judson v. Mobley, 62 So. 2d 730 (Fla.1953); Leon Realty, Inc. v. Hough, 310 So. 2d 767 (Fla. 1st DCA 1975). See also Knowles v. Henderson, 156 Fla. 31, 22 So. 2d 384 (1945); Leon Realty, Inc. v. Bradwell, 271 So. 2d 771 (Fla. 1st DCA 1973). In order to be the procuring cause of the sale of property, the broker must have brought the parties together and effected the sale as a result of continuing negotiations inaugurated by him. Leon Realty, Inc. v. Hough, supra; N…
  • Leon Realty, Inc. v. Hough, 310 So. 2d 767 (Fla. 1st DCA 1975)
    …court is reversed, and this case is remanded for further proceedings consistent herewith. Reversed. RAWLS, C. J., and JOHNSON, J., concur. . Knowles v. Henderson, 1945, 156 Fla. 31, 22 So. 2d 384; Leon Realty, Inc. v. Bradwell, Fla.App.1st 1973, 271 So. 2d 771.…
  • …listing agreements, like the present one, the broker is hired to find a purchaser. See The Florida Bar, Florida Real Property Sales Transactions § 2.2 (2d ed. 1994); 7 Fla. Jur.2d Brokers §§ 70-73 (1997). See generally Leon Realty, Inc. v. Bradwell, 271 So. 2d 771, 773-74 (Fla. 1st DCA 1972); Arthur R. Gaudio, Real Estate Brokerage Law §§ 71, 88-89 (1987). In other listing agreements, the broker is hired to effect a sale. See The Florida Bar, Florida Real Property Sales Transactions § 2.23; 7 Fla. Jur 2d Brok…

Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw