Legal Opinion

Costello v. State

Supreme Court of Florida

Decided April 7, 1971No. 39995PublishedCited by 7 opinions

1Opinion of the Court

ON MOTION TO DISMISS

McCAIN, Justice.

On motion by the state we are asked to dismiss as untimely this direct appeal by defendant from a judgment and sentence imposing the death penalty. In the alternative the state asks us to hold that the jurisdiction of this Court has been improvidently invoked and to transfer the case to the First District Court of Appeal.

The record facts in pertinent part are as follows: On April 3, 1970, defendant was adjudicated guilty of first degree murder; on June 16, 1970, sentence of death was entered; on June 19, 1970, defendant filed “Motion to vacate judgment of…

2Cases cited6 opinions

  1. Baggett v. WainwrightSupreme Court of Florida · 1969
  2. Weathers v. StateSupreme Court of Florida · 1952
  3. Washington v. MayoSupreme Court of Florida · 1955
  4. Edward William Bolduc v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  5. Shelby v. StateSupreme Court of Florida · 1944

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. Dist. Ct. of Appeal, First Dist.Supreme Court of Florida · 1990
  2. State v. MeyerSupreme Court of Florida · 1983
  3. State v. AntonDistrict Court of Appeal of Florida · 1997
  4. Meyer v. StateDistrict Court of Appeal of Florida · 1982
  5. Richardson v. StateDistrict Court of Appeal of Florida · 1989

2 more not listed; retrieve them via the Exa API.

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