Legal Opinion · Dissent

Madison v. State

District Court of Appeal of Florida

Decided March 6, 2013No. 1D11-2210Published

1DissentWetherell, J.

I dissent. I would not second-guess the trial court’s sound exercise of discretion in ruling on Appellant’s motion for a continuance, and I would affirm Appellant’s judgment and sentence, except for the cost and jail credit issues on which the State conceded error.

This Court has held that trial judges have “wide discretion” in ruling on motions for continuances, Holley v. State, 484 So.2d 634, 636 (Fla. 1st DCA 1986), and the Florida Supreme Court has held that the denial of such a motion should not be reversed on appeal unless there has been “a palpable abuse of this judicial discretion”…

2Cases cited5 opinions

  1. Canakaris v. CanakarisSupreme Court of Florida · 1980
  2. Magill v. StateSupreme Court of Florida · 1980
  3. Holley v. StateDistrict Court of Appeal of Florida · 1986
  4. Brown v. StateDistrict Court of Appeal of Florida · 2006
  5. Clark v. StateDistrict Court of Appeal of Florida · 2012

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