Legal Opinion
K. K. v. State
District Court of Appeal of Florida
Decided September 18, 1998No. 97-3163PublishedCited by 6 opinions
1Opinion of the Court
COBB, Judge.
The issue in this case is whether the trial court committed reversible error by allowing the state, after it had rested and the defense had moved for a judgment of acquittal, to reopen its ease to cure the defect pointed out in the defense motion.
On appeal, the defendant relies on the opinion of Burton v. State, 596 So.2d 733 (Fla. 2d DCA 1992), which found double jeopardy in a case wherein the state’s motion to reopen followed the trial court’s pronouncement that the defendant therein was not guilty. That is not what occurred in the instant case.
The First District Court of Appeal…
2Cases cited9 opinions
- Stewart v. FloridaSupreme Court of the United States · 1983
- Stewart v. StateSupreme Court of Florida · 1982
- Aetna Casualty & Surety Co. v. United StatesSupreme Court of the United States · 1983
- Fitzhugh v. StateDistrict Court of Appeal of Florida · 1997
- Dees v. StateDistrict Court of Appeal of Florida · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McMillan v. StateDistrict Court of Appeal of Florida · 2002
- Lyles v. StateDistrict Court of Appeal of Florida · 1999
- Alvarez v. StateDistrict Court of Appeal of Florida · 2001
- Ishmael v. StateDistrict Court of Appeal of Florida · 2002
- J.R.A. v. StateDistrict Court of Appeal of Florida · 2001
1 more not listed; retrieve them via the Exa API.