STATE OF FLORIDA, PETITIONER,
v.
CARL CRIBBS, RESPONDENTS

Fla. | 1974-11-08
No. 45956
ERVIN, Acting C. J., and BOYD, McCAIN, DEKLE and OVERTON, JJ., concur.
303 So. 2d 335 Florida Supreme Court (1974) Caution
Cited by 6 cases

Opinion of the Court

Certiorari denied. 297 So. 2d 335.

ERVIN, Acting C. J., and BOYD, McCAIN, DEKLE and OVERTON, JJ., concur.


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Cited By

  • State v. Sepulvado, 362 So. 2d 324 (Fla. 2d DCA 1978)
    …s’ in-court identification is grounded upon a basis independent of the suggestive pretrial procedure. Simmons v. United States, supra; Hamilton v. State, 303 So. 2d 656 (Fla. 2d DCA 1974); Cribbs v. State, 297 So. 2d 335 (Fla. 2d DCA), cert. denied, 303 So. 2d 335 (Fla.1974). However, once a trial court determines that a pretrial identification procedure was impermissibly suggestive, it is presumed that any in-court identification will be tainted. It is the state’s burden to overcome this presumption by “clea…
  • State v. Mendez, 423 So. 2d 621 (Fla. 4th DCA 1982)
    …urt identification is tainted. The presumption is rebutted upon a showing by clear and convincing evidence that the in-court identification is grounded upon an independent basis. Cribbs v. State, 297 So. 2d 335, 336 (Fla. 2d DCA 1974), cert. denied, 303 So. 2d 335 (Fla.1974). The in-court identification must be prohibited only if the pre-trial procedure “gives rise to a very substantial likelihood of irreparable mistaken identification.” State v. Sepulvado, 362 So. 2d 324, 327 (Fla. 2d DCA 1978), cert. denie…
  • …So. 2d 438 (Fla.1964); Stiles Construction Co. v. Gruber, 2-2920, cert. denied 336 So. 2d 106 (Fla.1976). Although the Judge of Industrial Claims’ piercing of the corporate veil was upheld in Walt Disney World Company v. Dille, 2-2597, cert. denied 303 So. 2d 335 (Fla.1974) we find the rationale of Roberts’ Fish Farm compelling. Here, in a record which con [*1341] tains in excess of 1,500 pages, there are not sufficient facts to determine whether ANMC is, in fact, the legal alter ego of ANRET. We reverse the…

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