STATE OF FLORIDA, PETITIONER,
v.
JACK JAMES MCHANEY, RESPONDENT
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PER CURIAM.
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, First District, in McHaney v. State, reported at 295 So. 2d 355 (Fla.App.1, 1974), which directly conflicts with Estevez v. State, 290 So. 2d 138 (Fla.App.3d, 1974), decision approved by this Court, 313 So. 2d 692 (Fla.1975). We have jurisdiction pursuant to Article V, Section 3(b)(3), Florida Constitution.
In view of our recent decision in Estev-ez v. State, supra, the decision of the District Court is quashed and this cause is remanded to the District Court with directions to enter a judgment not inconsistent with this opinion.
It is so ordered.
ADKINS, C. J., ROBERTS, OVER-TON and ENGLAND, JJ., and LEE, Circuit Judge, concur.
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Castor v. State, 365 So. 2d 701 (Fla. 1978)…ement, found in the rules of criminal procedure,5 that the court submit to counsel all proposed responses to a jury’s questions. As a general matter, a reviewing court will not consider points raised for the first time on appeal. Dorminey v. State, 314 So. 2d 134 (Fla.1975). Where the alleged error is giving or failing to give a particular jury instruction, we have invariably required the assertion of a timely objection. Febre v. State, 158 Fla. 853, 30 So. 2d 367 (1947); see Williams v. State, 285 So. 2d 13…
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Nadean O. McARTHUR v. State, 351 So. 2d 972 (Fla. 1977)…de reásonable exemptions so long as it may be fairly said that the'jury lists or panels are representative of the community.” Taylor v. Louisiana, 419 U.S. at 537-38, 95 S.Ct. at 701. . Owens v. State, 316 So. 2d 537 (Fla.1975); Dorminey v. State, 314 So. 2d 134 (Fla.1975). . Woodson v. North Carolina, 428 U.S. 283, 304, 96 S.Ct. 2978, 2991-92, 49 L.Ed.2d 944, 961 (1976). . § 775.082(4)(a), Fla.Stat. (1973). . Where the only proof of guilt is circumstantial, no matter how strongly the evidence may sugges…
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Previewing 3 of 27 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ciro Estevez v. State, 313 So. 2d 692 (Fla. 1975)
- Ciro Estevez v. State, 290 So. 2d 138 (Fla. 3d DCA 1974)
- McHANEY v. State, 295 So. 2d 355 (Fla. 1st DCA 1974)