Legal Opinion

Stubbs v. State

District Court of Appeal of Florida

Decided February 12, 1969No. 2178PublishedCited by 7 opinions

1Opinion of the Court

McCAIN, Judge.

Defendant, Douglas McArthur Stubbs, was convicted of rape and on appeal contends that the trial court committed prejudicial error by admitting into evidence the written statements of two co-defendants, which inculpated him. He avers that the error was not cured by the court’s admonishment to the jury not to consider those statements against him.

In light of Bruton v. United States, 1968, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476, we conclude that error was committed and therefore reverse.

Defendant presented a pretrial motion to suppress his co-defendants’ statements, and…

2Cases cited3 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Roberts v. RussellSupreme Court of the United States · 1968
  3. Schneble v. StateSupreme Court of Florida · 1968

3Cited by7 opinions

  1. State v. GarciaSupreme Court of Florida · 1970
  2. Jones v. StateDistrict Court of Appeal of Florida · 1969
  3. Garcia v. StateDistrict Court of Appeal of Florida · 1969
  4. Stubbs v. WainwrightDistrict Court, S.D. Florida · 1972
  5. Douglas McArthur Stubbs v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1972

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