STATE OF FLORIDA EX REL. ROBERT L. SHEVIN, ATTORNEY GENERAL, RELATOR,
v.
HONORABLE JOHN S. RAWLS, AS CHIEF JUDGE, ET AL., RESPONDENTS
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The court reversed a conviction because the prosecutor's remarks about the defendant's polygraph results improperly suggested the defendant was deceptive despite the examiner's findings, undermining the defense.
The court held that the prosecutor's remarks about the polygraph examination were improper and prejudicial, potentially influencing the jury's verdict and requiring a new trial.
Richard Washington was convicted of drug offenses based on an undercover officer's testimony, but a court-approved polygraph examination indicated he …
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OVERTON, Justice.
This cause is before us on a suggestion for writ of prohibition. We have jurisdiction.1
The State asserts that the First District Court of Appeal was without jurisdiction to proceed with the appeal of Bennett Feldman because Feldman prematurely filed his notice of appeal. Feldman was appealing a judgment holding him in direct criminal contempt of court. The State has alleged the notice of appeal was filed prior to the recording of the circuit court’s written, signed judgment, being therefore premature and hence invalid. Feldman contends his notice of appeal was filed subsequent to the judgment.
The true answer to whether the judgment or notice came first is not determinative. Our recent decision in Williams v. State, 324 So. 2d 74 (Fla., filed December 3, 1975), controls:
“. . . [A] notice of appeal which is prematurely filed shall not be subject to dismissal. Rather, such a notice of appeal shall exist in a state of limbo until the judgment in the respective civil or criminal case is rendered. . . . ”
Accordingly, the writ of prohibition is denied.
It is so ordered.
ADKINS, C. J., and ROBERTS, BOYD and ENGLAND, JJ., concur. . Art. Y, § 3(b) (4), Fla.Const.
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State of Fla. ex rel. Sarasota Cnty. v. Chief Judge Tyrie A. Boyer, 360 So. 2d 388 (Fla. 1978)….Stat. . English v. McCrary, 348 So. 2d 293, 296-298 (Fla.1977). . State ex rel. Florida Department of Natural Resources v. District Court of Appeal, Second District, 355 So. 2d 772 (Fla. filed February 16, 1978). . State ex rel. Shevin v. Rawls, 326 So. 2d 173 (Fla.1976). . State ex rel. Shevin v. Rawls, 290 So. 2d 477 (Fla.1974). . English v. McCrary, note 6, above. . State ex rel. Harris v. McCauley, 297 So. 2d 825 (Fla.1974). . State ex rel. Jennings v. Frederick, 137 Fla. 773, 189 So. 1 (1939). .…
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Mendelson v. Lavine Mendelson, 341 So. 2d 811 (Fla. 2d DCA 1977)…. The notice of appeal treated the order appealed from as one granting a new trial; its having been filed before the effective date of that order did not affect the efficacy of the notice. Williams v. State, 324 So. 2d 74 (Fla.1975); State v. Rawls, 326 So. 2d 173 (Fla.1976). .Particularly in view of the Supreme Court’s determination as expressed in Bowen v. Willard, supra, n. 2, to streamline the appellate process in the review of orders of this kind, we see no reason why a plaintiff, faced with a typical r…
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Finkel v. Sun-Tattler Co., Inc., 44 Fla. Supp. 13 (Broward Cty. Cir. Ct. 1976)…mber 4, 1974. Further the suggestion went into detail as to handling with plaintiff and his knowledge of Dorsey Arms city code violations while plaintiff was city attorney. Just as the Supreme Court held in State ex rel. Shevin v. Rawls (Fla. 1976) 326 So. 2d 173, that a notice of appeal filed before the entry of the judgment appealed from would not be dismissed but would “exist in a state of limbo” until judgment were entered, so here when the suggestion was served, that was determinative, not the filing wi…
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- Williams v. State, 324 So. 2d 74 (Fla. 1975)