State v. Staley, 52
| Decision Date | 27 September 1957 |
| Docket Number | No. 52,52 |
| Citation | 97 So.2d 147 |
| Parties | STATE of Florida, Petitioner, v. L. C. STALEY, Respondent. |
| Court | Florida District Court of Appeals |
R. B. Huffaker, State Atty., Bartow, Clifton M. Kelly, County Solicitor, Lakeland, and George Glen Darty, Asst. County Solicitor, Lake Wales, for petitioner.
Oxford & Oxford, Lakeland, for respondent.
The matter is here on petition by the State of Florida for a writ of certiorari to review on order entered June 6, 1957, by the Circuit Court of the Tenth Judicial Circuit, in and for Polk County; said order being one reversing the judgment and sentence of the Criminal Court of Record of Polk County.
The following chronological statement of events presents a sad commentary on the administration of criminal justice:
1. On November 19, 1953, the respondent was informed against on a charge of assault with intent to commit murder.
2. On February 19, 1954, trial was had and verdict rendered finding the defendant guilty of aggravated assault.
3. On March 8, 1954, motion for a new trial was denied, the defendant was adjudged guilty and sentenced to one year in the county jail. Notice of appeal was filed and supersedeas allowed.
4. The appeal was perfected to the Circuit Court and on June 25, 1954, by order filed June 26, 1954, the Circuit Court affirmed the judgment and sentence.
5. On July 12, 1954, a petition for rehearing was filed by respondent. 1
6. On July 16, 1954, the petition for rehearing was denied.
7. On August 11, 1954, the Circuit Judge vacated and set aside his order of July 16, stating, in part, 'It being brought to the court that the petition for rehearing in this cause was had without notice to the appellant, said order denying said petition is hereby set aside and the petition will be heard at a later date.' This order was filed August 12, 1954.
8. On October 4, 1955, the Circuit Judge again denied the petition for rehearing and affirmed the judgment of the Criminal Court of Record. 2
9. On October 18, 1955, the Circuit Judge vacated the immediate prior order of October 4, 1955, stating in part:
'* * * it appearing to the court that said order of October 4th, 1955, was entered without notice to the appellant and it is therefore
'Ordered and adjudged that said order entered herein on the 4th day of October, 1955, be and the same is hereby vacated, set aside and held for naught.'
This order was filed October 18, 1955.
10. On May 31, 1957, the Circuit Judge signed an order affirming the judgment and sentence of the Criminal Court of Record. Although signed by the Circuit Judge and found in the case file, this order was not filed for record.
11. On June 6, 1957, the Circuit Judge entered what is termed 'order and judgment', reversing the judgment and sentence of the Criminal Court of Record upon the sole ground that the lower court had erred in not submitting the defense of self-defense to the jury. The said order further ordered a new trial with direction to the Criminal Court of Record that the question of self-defense be submitted to the jury.
It is to this order of June 6, 1957, filed for record the same day, that the State directs its petition for certiorari.
A consideration of the...
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State v. Pettis
...that sections 924.07 and 924.071 do not limit state's right to seek certiorari review of interlocutory orders); State v. Staley, 97 So.2d 147 (Fla. 2d DCA 1957) (granting certiorari review of order from circuit court acting in its appellate capacity); State v. Atwell, 97 So.2d 125 (Fla. 2d ......
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State v. G.P.
...(Fla. 2d DCA 1961), quashed on other grounds, 143 So.2d 821 (Fla.1962); State v. Katz, 108 So.2d 60 (Fla. 3d DCA 1959), State v. Staley, 97 So.2d 147 (Fla. 2d DCA 1957); State v. Atwell, 97 So.2d 125 (Fla. 2d DCA 1957). Having examined the historical underpinnings of the district courts' po......
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McCoy v. State, s. 5063
...evidence supporting a theory of self-defense, the giving of a charge on that subject was held to be reversible error. In State v. Staley, Fla.App.1957, 97 So.2d 147, a circuit court reversed the judgment and sentence of a lower court on the sole ground that the lower court had erred in not ......
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Bedami v. State
...be said to have had the 'remedy by due course of law' guaranteed by DR § 4 if he fails or refuses to perform that duty. In State v. Staley, Fla.App.1957, 97 So.2d 147, this Court held that on certiorari the court could remedy the erroneous application of correct principles of law to admitte......