IN RE THE GUARDIANSHIP OF ROBERT R. PAUNACK
IN RE THE GUARDIANSHIP OF ROBERT R. PAUNACK
339 So. 2d 710
Florida District Court of Appeal, First District (1976)
Caution
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
BOYER, C. J., and McCORD, J., concur.
RAWLS, J., specially concurs.
Concurrence
RAWLS, Judge
(specially concurring).
The basic issues involved in this case are to a great extent analogous to those considered by this court in In Re Guardianship of Swain, 199 So. 2d 736 (1 Fla.App.1967), wherein I expressed my views in the dissent in that cause. The somewhat forgotten doctrine of stare decisis compels me to yield my views to those of the majority in this cause.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stone v. State, 378 So. 2d 765 (Fla. 1979)…ed to the jury. Neither the judge nor defense counsel could be faulted for the absence of the reports at the jury phase of the sentence hearing. Defendant knew he had been hospitalized and testified before the jury to that effect. Stewart v. State, 339 So. 2d 710 (Fla.2d DCA 1976), involved a situation where the defendant did not inform counsel that he had been found criminally insane while using another name until after his conviction. Stewart is not applicable for it involved newly-discovered evidence whil…
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W.S.L. v. State, 470 So. 2d 828 (Fla. 2d DCA 1985)…agree with the cogent analysis of this issue in State v. Williams, 447 So. 2d 356 (Fla. 1st DCA 1984). As did the court in Williams, we reject the conclusion that a determination of competency can never be made retrospectively. Cf. Stewart v. State, 339 So. 2d 710 (Fla. 2d DCA 1976). Therefore, we remand this case to the trial court for an evidentiary hearing at [*831] which the defense and the state may produce any evidence pertinent to defendant’s competency at the time of the trial. “Should the evidence p…
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In re the Guardianship OF Robert R. Paunack, 355 So. 2d 1195 (Fla. 1978)…dge must specifically find whether or not the alleged incompetent is represented by counsel and whether or not counsel should be afforded. The First District Court of Appeal answered this question in the negative. In Re: The Guardianship of Paunack, 339 So. 2d 710 (Fla. 1st DCA 1976). We reverse. On January 8, 1974, at a hearing for involuntary hospitalization, petitioner, a 91 year old man, was adjudged incompetent. Thereafter, the Citizen and Peoples National Bank of Pensacola was appointed guardian of his…
Authorities Cited
- In re Guardianship OF Samuel Swain v. Eardley, 199 So. 2d 736 (Fla. 1st DCA 1967)