Duncan v. State

District Court of Appeal of Florida

Duncan v. State

240 So. 2d 324

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1970

DocketNo. 70-38

StatusPublished

This text of 240 So. 2d 324 (Duncan v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Duncan v. State, 240 So. 2d 324 (Fla. Ct. App. 1970).

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Opinion

PIERCE, Judge.

This is another one of those cases where a prisoner, irked by his forcible detention in durance vile, seeks to exchange incarceration for emancipation by utilizing a dissenting opinion in Brown v. State, Fla.App.1970, 232 So.2d 55, 58. But unfortunately for appellant Eddie Duncan, Jr., the effort must again prove fruitless, upon authority of the Supreme Court’s opinion in Brown v. State, Fla.1970, 237 So.2d 129. See also this 2nd District Court’s opinions in Rogers v. State, 239 So.2d 118; Woods v. State, 239 So.2d 853; and Kinder v. State, 240 So.2d 162.

The lower Court’s order in the instant case, denying Duncan’s post-conviction motion for relief, must be and is—

Affirmed.

HOBSON, C. J., and McNULTY, J., concur.

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PIERCE, Judge.

This is another one of those cases where a prisoner, irked by his forcible detention in durance vile, seeks to exchange incarceration for emancipation by utilizing a dissenting opinion in Brown v. State, Fla.App.1970, 232 So.2d 55, 58. But unfortunately for appellant Eddie Duncan, Jr., the effort must again prove fruitless, upon authority of the Supreme Court’s opinion in Brown v. State, Fla.1970, 237 So.2d 129. See also this 2nd District Court’s opinions in Rogers v. State, 239 So.2d 118; Woods v. State, 239 So.2d 853; and Kinder v. State, 240 So.2d 162.

The lower Court’s order in the instant case, denying Duncan’s post-conviction motion for relief, must be and is—

Affirmed.

HOBSON, C. J., and McNULTY, J., concur.

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Bluebook (online)

240 So. 2d 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-state-fladistctapp-1970.

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