Legal Opinion

TULO v. State

District Court of Appeal of Florida

Decided April 9, 2010No. 2D10-870Published

1Opinion of the Court

ALTENBERND, Judge.

Anthony Tulo seeks a writ of prohibition from this court compelling the trial court to discharge him in circuit court case number CRC 06-07214 CFANO. We must grant the writ because, after the jury was sworn and over Mr. Tub’s objection, the trial court declared a mistrial without engaging in any consideration of the possible alternatives to mistrial and, thus, without determining that a mistrial was a manifest necessity. See Thomason v. State, 620 So.2d 1234, 1239 (Fla.1993); Johnson v. State, 685 So.2d 1369, 1370 (Fla. 2d DCA 1996).

Mr. Tulo demanded speedy trial in this…

2Cases cited7 opinions

  1. Crist v. BretzSupreme Court of the United States · 1978
  2. People v. MichaelNew York Court of Appeals · 1979
  3. Thomason v. StateSupreme Court of Florida · 1993
  4. Cohens v. ElwellDistrict Court of Appeal of Florida · 1992
  5. Douglas v. StateDistrict Court of Appeal of Florida · 2010

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