STATE OF FLORIDA, PETITIONER,
v.
CECIL CLYDE DOTSON, RESPONDENT
STATE OF FLORIDA, PETITIONER,
CECIL CLYDE DOTSON, RESPONDENT
354 So. 2d 1211
Florida Supreme Court (1978)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
This case is before the Court under its conflict certiorari jurisdiction as provided by Article V, Section 3(b)(3), Florida Constitution.
We are of the opinion that the writ of certiorari heretofore granted in this cause should now be discharged. Accordingly, the writ of certiorari is discharged.
OVERTON, C. J., and BOYD, HATCH-ETT and KARL, JJ., concur. ADKINS, J., dissents.
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Cnty. OF Seminole v. The Honorable Tom Waddell, Jr., 382 So. 2d 357 (Fla. 5th DCA 1980)…for capital cases in 1973 1, we view the respondents’ constitutional attack on Section 925.036 as merely colorable, rather than substantial, and therefore retain jurisdiction. See State v. Opitz, 357 So. 2d 469 (Fla. 2d DCA 1978); Simmons v. State, 354 So. 2d 1211 (Fla.1978). Moreover, the trial judge in this case did not directly pass on the validity of the statute or construe the state or federal constitution in regard to this issue. See Art. V, § 3(b)(1), Florida Constitution. The respondents argue, not w…
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