HARRY K. SMITH, PETITIONER,

v.

STATE OF FLORIDA EX. REL. DAVID H. BLUDWORTH, STATE ATTORNEY FOR THE FIFTEENTH JUDICIAL CIRCUIT AND ENFORCING AUTHORITY UNDER CHAPTER 501, PART II, FLORIDA STATUTES, RESPONDENT

Citator

Cited By

• Parce v. Honorable James S. Byrd, 533 So. 2d 812 (Fla. 5th DCA 1988)
  …e also, State ex rel. Dato v. Himes, 134 Fla. 675, 184 So. 244; State ex rel. Alcala v. Grayson, 156 Fla. 435, 23 So. 2d 484. [Emphasis in original]. 90 So. 2d at 713. See also Spaziano v. State, 429 So. 2d 1344 (Fla. 2d DCA 1983); State v. McNeil, 362 So. 2d 93 (Fla. 1st DCA 1978) (silence of defendant or failure to object when trial court grants mistrial at request of state cannot be construed as consent). Contra Sly v. State, 459 So. 2d 479 (Fla. 2d DCA 1984),5 (when a mistrial is granted for the defenda…
• Sims v. State, 135 So. 3d 1098 (Fla. 2d DCA 2013)
  …ver, counsel would have been correct that a mistrial would not have prevented a retrial in this case because the error that may have warranted a mistrial was not attributable to prosecutorial misconduct or judicial overreaching. See State v. McNeil, 362 So. 2d 93, 95 (Fla. 1st DCA 1978). . The extensive case law addressing this issue sometimes refers to a ‘‘crucial” stage, as in Garcia, and other times to a "critical” stage, see, e.g., Dunbar v. State, 89 So. 3d 901, 907 (Fla.2012). These terms in ordinary…
• Raszka v. Burk, 436 So. 2d 255 (Fla. 4th DCA 1983)
  …after a mistrial does not invoke double jeopardy considerations where the defendant consented to the mistrial. It is true that mere silence cannot be interpreted as a waiver or consent, State v. Allen, 52 Fla. 1, 41 So. 593 (1906); State v. McNeil, 362 So. 2d 93 (Fla. 1st DCA 1978); Francis v. State, 413 So. 2d 1175 (Fla.1982); however, in the instant case there was more than mere silence. Here defendant’s actions and his counsel’s representations formed the basis for the codefendant’s and prosecutor’s moti…