Legal Opinion

Douglas v. State

District Court of Appeal of Florida

Decided February 10, 2010No. 3D09-2361PublishedCited by 4 opinions

1Per curiam

Defendant Adacia H. Douglas petitions for a writ of prohibition to avoid being retried following the circuit court’s declaration of a mistrial in his first trial. We grant prohibition.

The defendant’s trial began on Wednesday, July 29, 2009, when the jury was sworn. On Thursday, the Department of Corrections (“DOC”) did not produce the defendant because his section of the jail was on quarantine due to a suspected H1N1 flu case. The Department of Health had issued a restricted movement memo saying that he and other inmates could not be moved. The memo provided that inmates could only go to…

2Cases cited5 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. Torres v. StateDistrict Court of Appeal of Florida · 2001

3Cited by4 opinions

  1. State v. HoppensLouisiana Court of Appeal · 2014
  2. Nicholas v. StateDistrict Court of Appeal of Florida · 2010
  3. Nicholas v. StateDistrict Court of Appeal of Florida · 2010
  4. TULO v. StateDistrict Court of Appeal of Florida · 2010

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