Collins v. State
| Decision Date | 18 October 1967 |
| Docket Number | No. 5904,5904 |
| Citation | 203 So.2d 28 |
| Parties | Earnest COLLINS, Jr., Appellant, v. STATE of Florida, Appellee. . Second District |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Hardee County; Gunter Stephenson, Judge.
William K. Howell, Jr., Winter Haven, and Thomas W. Perkins, of Kirkland & Perkins, Auburndale, for appellant.
Earl Faircloth, Atty.Gen., Tallahassee, and William D. Roth, Asst.Atty.Gen., Lakeland, for appellee.
In the above stated cause the judgment of the Trial Court was on March 15, 1967, reversed by this Court, Acting Chief Judge Pierce writing an opinion of reversal, Judge Hobson concurring in the conclusion only, and Associate Judge Driver dissenting with opinion. Thereafter, upon petition for certiorari, the Supreme Court of Florida, on July 12, 1967, reported in 201 So.2d 225, entered Order pointing out that the reversal by this Court was "without a majority opinion setting forth the reasons therefor", and requesting this Court to "prepare and adopt a majority opinion setting forth the theory and reasoning upon which the judgment of reversal" was based. Jurisdiction was temporarily relinquished to this Court for such purpose with directions that the cause be then returned to the Supreme Court for "further review."
Pursuant to such directions, a majority of the panel of this Court originally sitting in consideration of the cause upon appeal have agreed upon a majority opinion of reversal by deleting from the original opinion of Judge Pierce appearing in 197 So.2d beginning at page 574, that portion thereof beginning with the words "Confirmation of the soundness of our decision here ***" appearing on page 587 of said volume, and ending with the words " '*** until he has consulted with an attorney and thereafter consents to be questioned' ", being the conclusion of a quotation taken from the so-called Miranda case, appearing on page 588 of said volume, deleting also footnote 14 of said opinion, and renumbering footnote 15 to read footnote 14. As so deleted and modified, said opinion is hereby now adopted as the majority opinion of this Court.
A copy of this Memorandum Order, certified by the Clerk of this Court, shall be forthwith forwarded to the Supreme Court of Florida as per previous directions.
For the reasons set forth in the dissenting opinion in...
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Statewright v. State
...237 So.2d 737 (Fla.1970); State v. Graham, 240 So.2d 486 (Fla.App.1970); Collins v. State, 197 So.2d 574 (Fla.App.) on remand 203 So.2d 28 (Fla.App.1967). This view has also been followed by the federal courts and by other state court decisions. Groshart v. United States, 392 F.2d 172 (9th ......
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Roberts v. People
...the facts of these cases distinguishable. We note in passing that Collins was the subject of later opinions to be found in 201 So.2d 225, 203 So.2d 28, 207 So.2d 430, and that a later opinion in Williams appears in 198 So.2d 21; but these subsequent opinions made no changes in the originals......
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Murphy v. State, 70-996
...adversely to the appellant's contention, upon the rule stated in Collins v. State, Fla.App.1967, 197 So.2d 574, modified for other reasons 203 So.2d 28. We further hold that upon the application of the test set forth in Pamplin v. Mason, 364 F.2d 1 (5th Cir. 1966) no violation of appellant'......
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State v. Collins
...1968. Rehearing Denied March 20, 1968. Writ of Certiorari to the District Court of Appeal, Second District, Fla.App., 197 So.2d 574, Fla.App., 203 So.2d 28. Earl Faircloth, Atty. Gen., and William D. Roth, Asst. Atty. Gen., for Edmund, McDaniel & Pyle, Lake Alfred, for respondent. PER CURIA......