Jackson v. State
958 So. 2d 435, 2007 Fla. App. LEXIS 6652, 2007 WL 1263043
Procedural entryThis page is a short order in Jackson v. State. Read the opinion of the Court — 880 So. 2d 1241 →
Opinion
Affirmed. Appellant’s challenges to his 1972 conviction are untimely and successive. He also contends that the trial court lacked subject matter jurisdiction to try him a second time without first determining the manifest necessity of declaring a mistrial in the first prosecution. This is not an issue of subject matter jurisdiction but of double jeopardy, which was not violated because the new trial was the result of a hung jury in the first trial. See, e.g., McCulloch v. State, 859 So.2d 531 (Fla. 4th DCA 2003).
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Jackson v. State, 958 So. 2d 435, 2007 Fla. App. LEXIS 6652, 2007 WL 1263043 (Fla. Ct. App. 2007).
958 So. 2d 435 (Jackson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
McCulloch v. State
859 So. 2d 531 (District Court of Appeal of Florida, 2003)