Austin v. State
| Decision Date | 01 December 1988 |
| Citation | 537 So.2d 568 |
| Parties | Austin (Brady, Jr.) v. State NO. 73,129 |
| Court | Florida Supreme Court |
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4 cases
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Callaway v. State
... ... Admittedly, it will take some time to handle these postconviction motions, but not an unreasonable amount of time. This new rule does not reverse convictions or require extensive testimony. Cf. State v. Austin, 532 So.2d 19 (Fla. 5th DCA) (change in drug trafficking jury instruction not retroactive), review denied, 537 So.2d 568 (Fla.1988). In many cases, the number of criminal episodes may be subject to stipulation. The administration of justice might be more adversely affected by permitting some ... ...
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State v. Delva
... ... E.g., Lawson v. State, 552 So.2d 257 (Fla. 4th DCA 1989), review denied, 563 So.2d 632 (Fla.1990); State v. Austin, 532 So.2d 19 (Fla ... Page 646 ... 5th DCA), review denied, 537 So.2d 568 (Fla.1988); Lee v. State, 526 So.2d 777 (Fla. 2d DCA 1988) ... I basically agree with the applicable law as set forth in the majority opinion and I agree that, before the failure to give the ... ...
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Jordan v. State, 96-3589
... ... In any event, we do not think this, if it is in fact an error, constitutes fundamental error in this case. Failure to instruct on an element of a crime about which there is no dispute, does not rise to the level of fundamental error. Delva, 575 So.2d at 645; State v. Austin, 532 So.2d 19 (Fla. 5th DCA), rev. denied, 537 So.2d 568 (Fla.1988). In his closing argument to the jury, defense counsel acknowledged that Jordan had caused the accident in which the passenger of the car hit by Jordan's vehicle suffered injuries leading to her death. He said: "We know my client ... ...
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State v. Oehling, 99-1510.
... ... State v. Austin, 532 So.2d 19 (Fla. 5th DCA), citing Witt, review denied, 537 So.2d 568 (Fla.1988). The State does not dispute the application of the first two elements of the Witt test, namely, that the change in Wallace is one of constitutional implication emanating from the supreme court. The State, however, ... ...