Russ v. State

The petitioner, Glendell Russ, seeks, in this habeas corpus proceeding, an order withdrawing or vacating our opinion of February 2, 2001, which reinstated Mr. Russ’ conviction on a felony charge of official misconduct. State v. Russ, 778 So.2d 414 (Fla. 1st DCA), rev. den., 794 So.2d 606 (Fla.2001). In that case, a panel of this court reversed the well-reasoned order of a Leon County circuit judge concluding “that the State’s theory on the statutory meaning of the word ‘falsify’ lacks an evidentiary basis on the facts of the case.” Russ, 778 So.2d at 414.

Mr. Russ subsequently sought habeas…