HENRY V. CLIFTON ET UX., PETITIONERS,
v.
CITY OF FORT PIERCE, FLORIDA, ETC., ET AL., RESPONDENTS
This cause having heretofore been submitted to the Court on Petition for Writ of Certiorari, jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Florida Appellate Rule 4.5c(6), and it appearing to the Court that it is without jurisdiction, it is ordered that the Petition for Writ of Certiorari be and the same is hereby denied.
ROBERTS, Acting C. J., and ENGLAND, SUNDBERG and HATCHETT, JJ., concur. ADKINS, J., dissents.
On consideration of the petition for rehearing filed by the attorney for petitioners,
IT IS ORDERED by the Court that said petition be and the same is hereby denied.
OVERTON, C. J., and ADKINS, BOYD, SUNDBERG and HATCHETT, JJ., concur. ENGLAND, J., dissents with opinion.
ENGLAND, Justice,
dissents for the reasons expressed in City of West Palm Beach v. Gordon, 349 So. 2d 160, opinion filed today.
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Pomeranz v. State, 703 So. 2d 465 (Fla. 1997)…cquitted of the armed robbery charge. His original conviction for armed robbery was reversed and remanded by the district court of appeal based on procedural grounds rather than on the strength of the evidence against Pomeranz. See State v. Perkins, 349 So. 2d 161, 164 (Fla.1977) (“Nothing [in Perkins ] forbids admission under the ‘Williams Rule’ of relevant evidence of collateral crimes for which acquittals have not been obtained.” (emphasis added)); cf. Holland v. State, 466 So. 2d 207, 209 (Fla.1985) (rele…
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Amoros v. State, 531 So. 2d 1256 (Fla. 1988)…he court [*1259] granted the defense request for a modified Williams rule instruction to the jury to consider the evidence “for the limited purpose of proving identity on the part of the defendant.” Amoros contends our holdings in State v. Perkins, 349 So. 2d 161 (Fla.1977), and Jackson v. State, 498 So. 2d 406 (Fla.1986), cert. denied, — U.S. —, 107 S.Ct. 3241, 97 L.Ed.2d 746 (1987), mandate a finding of reversible error. The evidentiary rule governing admissibility of similar fact evidence of another crim…
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Jackson v. State, 498 So. 2d 406 (Fla. 1986)…s that Mr. Lee’s testimony was inadmissible as evidence of a collateral crime of which she had been acquitted, and that admission of this testimony violated the fifth and fourteenth amendments to the United States Constitution. See State v. Perkins, 349 So. 2d 161 (Fla.1977). However, appellant misapprehends the nature of Mr. Lee’s testimony. The testimony was admitted for the purposes of showing consciousness of guilt concerning Bevel’s murder, flight, and possession of the murder weapon. It was not admitted…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF W. Palm Beach v. Gordon, 349 So. 2d 160 (Fla. 1977)
- Nobles v. City OF Jacksonville (Fla. 1977)