JAMES L. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES L. JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
289 So. 2d 385
Florida Supreme Court (1974)
Positive Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.
Affirmed.
CARLTON, C. J., and ROBERTS, McCAIN and DEKLE, JJ., concur. ERVIN, J., dissents with opinion.
BOYD, J., dissents and concurs with ERVIN, J.
Dissent
ERVIN, Justice
(dissenting):
This case involves an attack on the validity of a trial jury by appellant, a criminally charged defendant. He contends F. S. Ch. 40, F.S.A., is invalid on its face because thereunder veniremen are selected for Dade County Criminal juries only from among fully qualified electors who have resided in the State for one year and in Dade County for six months to the exclusion of large numbers of unregistered persons eligible to vote and those purged from the voter rolls in accord with F.S. § 98.081, F.S.A. I find that appellant’s contentions appear to have strong support. See Dunn v. Blumstein, 405 U.S. 330, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972) and Hinnant v. Sebesta, Op. 3 judge U.S.Dist.Ct., Middle District of Florida, 363 F.Supp. 398, filed September 12, 1973.
BOYD, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Valle v. State, 474 So. 2d 796 (Fla. 1985)…y from voter lists was defective. See, e.g., Bryant v. State, 386 So. 2d 237 (Fla.1980); Johnson v. State, 293 So. 2d 71 (Fla.1974); Reed v. State, 292 So. 2d 7 (Fla.), cert. denied, 419 U.S. 995, 95 S.Ct. 307, 42 L.Ed.2d 268 (1974); Jones v. State, 289 So. 2d 385 (Fla.1974). Appellant has failed to overcome the presumptive fairness of the source of the petit jurors. Finally, we find no basis for quashing the indictment or setting aside appellant’s conviction based on his challenge to the selection of the gr…
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Eligaah Ardalle Jacobs v. State, 396 So. 2d 1113 (Fla. 1981)…e, 293 So. 2d 71 (Fla.1974). The statute does not mandate that the grand juror be on the voting list when an indictment is returned. Appellant’s third point is therefore without merit. See also Reed v. State, 292 So. 2d 7 (Fla.1974); Jones v. State, 289 So. 2d 385 (Fla.1974). Jacobs’ fourth point on appeal is that the imposition of the death penalty in this case would be a denial of equal protection. The Florida statute inflicting capital [*1117] punishment has been held constitutional. Proffitt v. State, 31…
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Culbertson v. State, 306 So. 2d 142 (Fla. 2d DCA 1975)…h request was denied by the trial court. Rule 3.-720(b) RCrP makes it mandatory for the court to “entertain submissions and evidence by the parties which are relevant to the sentence.” The language of the rule is mandatory. Mask v. State, Fla. 1973, 289 So. 2d 385. This case is remanded for resentencing of the appellant after first affording the appellant an opportunity to offer matters in mitigation as mandated by Rule 3.720(b) RCrP; otherwise the judgment of the trial court is affirmed. HOBSON, A. C. J.,…
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- Dunn v. Blumstein, 405 U.S. 330 (U.S. 1972)