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State Florida v. Jeffrey Ely Roberts

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eBook details

  • Title: State Florida v. Jeffrey Ely Roberts
  • Author : Supreme Court of Florida
  • Release Date : January 26, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Order ON MOTION TO RECALL MANDATE Per Curiam. On May 18, 1995, the First District Court of Appeal rendered its opinion reversing Roberts' conviction and remanding for a new trial. The court issued its mandate on June 6, 1995. On June 16, 1995, the State timely filed a notice to invoke the discretionary jurisdiction of this Court predicated upon conflict of decisions. On June 20, 1995, the State filed in the First District Court of Appeal a motion to recall mandate. On July 10, 1995, the First District Court of Appeal denied the motion to recall mandate, specifically stating that pursuant to State v. McKinnon, 540 So.2d 111 (Fla. 1989), a party desiring stay of mandate during the pendency of a petition for review in this Court must apply to this Court for the stay. The State has now filed a motion with this Court seeking a stay and requiring the First District Court of Appeal to withdraw its mandate pending disposition of the notice to invoke the discretionary jurisdiction of this Court.


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