Legal Opinion · Concurrence

State ex rel. v. Stedman

District Court of Appeal of Florida

Decided March 20, 1970No. 70-175Published

1ConcurrenceSwann, Judge

I concur with the majority and dissenting opinion as to the legal insufficiency of the affidavits for disqualification as they relate to the statements of the trial judge concerning the Grand Jury Indictments.

I specially concur in the majority opinion for the following additional reasons.

Rule 1.230, “CrPR”, 33 F.S.A., is pertinent in this case and is set forth, in material part, in the dissenting opinion.

The rule contains substantially the same requirements as § 911.01 (3) — (4) and § 38.-10, Fla.Stat., F.S.A. The procedural requirements of the rule differ from those of the statutes, but the…

2Cases cited6 opinions

  1. State Ex Rel. Brown v. DewellSupreme Court of Florida · 1938
  2. Hahn v. FrederickSupreme Court of Florida · 1953
  3. State ex rel. Sagonias v. BirdSupreme Court of Florida · 1953
  4. State, Ex Rel., Bank of America v. RoweSupreme Court of Florida · 1928
  5. City of Palatka v. FrederickSupreme Court of Florida · 1937

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