Andrews v. State

Decision Date04 October 1984
Docket NumberNo. 64426,64426
Citation459 So.2d 1018
PartiesOscar L. ANDREWS, Petitioner, v. STATE of Florida, Respondent.
CourtFlorida Supreme Court

Geoffrey C. Fleck and William R. Tunkey of Weiner, Robbins, Tunkey & Ross, Miami, for petitioner.

Jim Smith, Atty. Gen. and William P. Thomas, Asst. Atty. Gen., Miami, for respondent.

Carin Kahgan, South Miami, amicus curiae for American Civil Liberties Union.

Benneth H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, amicus curiae.

Prior report: 438 So.2d 480.

PER CURIAM.

Quashed on authority of State v. Neil, 457 So.2d 481 (Fla.1984), with directions to remand for a new trial.

It is so ordered.

OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.

ALDERMAN, J., dissents with an opinion with which BOYD, C.J., and ADKINS, J., concur.

ALDERMAN, Justice, dissenting.

I dissent for the same reasons stated in my dissent in State v. Neil, 457 So.2d 481 (Fla.1984).

BOYD, C.J., and ADKINS, J., concur.

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10 cases
  • Jones v. State
    • United States
    • Florida District Court of Appeals
    • February 26, 1985
    ...is also clear from the Supreme Court's subsequent reversal for a new trial on the basis of Neil in the identical case of Andrews v. State, 459 So.2d 1018 (Fla.1984), reversing 438 So.2d 480 (Fla. 3d DCA 1983), that Neil governs so-called "pipeline" cases such as this one, in which There is ......
  • Moffitt v. Willis
    • United States
    • Florida Supreme Court
    • October 18, 1984
    ... ...         In State ex rel. Sarasota County v. Boyer, 360 So.2d 388 (Fla.1978), we fully discussed our jurisdiction to issue writs of prohibition. We stated that, ... Andrews, 232 So.2d 1 (Fla.1970) (court determined the power of a committee chairman to subpoena bank records); Johnston v. Gallen, 217 So.2d 319 (Fla.1969) ... ...
  • Woods v. State
    • United States
    • Florida Supreme Court
    • April 24, 1986
    ...retroactively because of the difficulty presented by incomplete records and reliance on former standards. Our reversal in Andrews v. State, 459 So.2d 1018 (Fla.1984), should not be seen as a retreat from that stand because the record in Andrews met the Neil criteria. Woods objected to the s......
  • City of Miami v. Cornett, 81-85
    • United States
    • Florida District Court of Appeals
    • January 29, 1985
    ...is retroactive," 457 So.2d at 488, the Florida Supreme Court's later action in the substantially identical case of Andrews v. State, 459 So.2d 1018 (Fla.1984), quashing 438 So.2d 480 (Fla. 3d DCA 1983), establishes that Neil applies to cases, as the present one, in which the issue was raise......
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