State ex rel. McCausland v. Rowe

District Court of Appeal of Florida

State ex rel. McCausland v. Rowe

272 So. 2d 216, 1973 Fla. App. LEXIS 7386

CourtDistrict Court of Appeal of Florida

DecidedJanuary 3, 1973

DocketNo. 72-1371

StatusPublished

Cited by1 cases

This text of 272 So. 2d 216 (State ex rel. McCausland v. Rowe) 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.

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State ex rel. McCausland v. Rowe, 272 So. 2d 216, 1973 Fla. App. LEXIS 7386 (Fla. Ct. App. 1973).

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Opinion

PER CURIAM.

On the suggestion of the relator Shirley Jane McCausland, a rule nisi in prohibition was issued to the respondent, a Judge of the Criminal Court of Record in and for Dade County, Florida. The suggestion alleged that the relator was about to be tried for a crime from which she had been discharged because of the rule laid down by the United States Supreme Court in Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed. 435 (1970). A response has been filed, as have briefs directed to the issue of whether the facts revealed by the suggestion and the response are such as to constitute a bar to relator’s trial because of her prior guilty plea in a municipal court to a related offense.

The misdemeanor to which relator pleaded guilty was alleged to have occurred on September 15, 1972. The crime with which relator is now charged is alleged to have been committed on another day. We hold that it does not now appear that relator’s trial in the Criminal Court of Record is barred by the holding in the cited case. Therefore the writ is quashed and the suggestion is dismissed.

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PER CURIAM.

On the suggestion of the relator Shirley Jane McCausland, a rule nisi in prohibition was issued to the respondent, a Judge of the Criminal Court of Record in and for Dade County, Florida. The suggestion alleged that the relator was about to be tried for a crime from which she had been discharged because of the rule laid down by the United States Supreme Court in Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed. 435 (1970). A response has been filed, as have briefs directed to the issue of whether the facts revealed by the suggestion and the response are such as to constitute a bar to relator’s trial because of her prior guilty plea in a municipal court to a related offense.

The misdemeanor to which relator pleaded guilty was alleged to have occurred on September 15, 1972. The crime with which relator is now charged is alleged to have been committed on another day. We hold that it does not now appear that relator’s trial in the Criminal Court of Record is barred by the holding in the cited case. Therefore the writ is quashed and the suggestion is dismissed.

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Bluebook (online)

272 So. 2d 216, 1973 Fla. App. LEXIS 7386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mccausland-v-rowe-fladistctapp-1973.

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