Leggett v. State
This text of 116 So. 3d 648 (Leggett 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.
Opinion
ON MOTION FOR REHEARING OR CLARIFICATION
We grant the State of Florida’s motion for rehearing, withdraw our former opinion of May 29, 2013, and substitute the following in its place.
ON REMAND FROM THE SUPREME COURT OF FLORIDA
This matter is before us on remand from the Supreme Court of Florida following its decision in Leggett v. State, 103 So.3d 131 (Fla.2012), quashing our decision in Leggett v. State, 34 So.3d 51 (Fla. 3d DCA 2010). In compliance with the Florida Supreme Court’s mandate, we grant Carl Leggett, Jr.’s petition for writ of habeas corpus and remand with directions that Leggett’s conviction for second degree murder be reversed and a new trial granted, following the holdings set forth in State v. Montgomery, 39 So.3d 252 (Fla.2010).
Petition granted; reversed and remanded for new trial.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
116 So. 3d 648, 2013 WL 3815599, 2013 Fla. App. LEXIS 11614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leggett-v-state-fladistctapp-2013.