Legal Opinion

State v. R. E. F.

District Court of Appeal of Florida

Decided August 17, 1971No. O-416PublishedCited by 13 opinions

1Opinion of the Court

WIGGINTON, Judge.

The State of Florida appeals a final judgment rendered by the Circuit Court of Volusia County which dismissed with prejudice a grand jury indictment charging appellee with the capital offense of forcible rape. The dismissal was predicated upon the conclusion reached by the trial court that to permit prosecution of appellee under the indictment pending against him would offend the constitutional guarantee against former jeopardy and would constitute a breach of fundamental fairness.

Appellee, a 16-year-old boy, was charged on November 12, 1970, by the Ormond Beach Police…

2Cases cited7 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. In Re GAULTSupreme Court of the United States · 1967
  3. Kent v. United StatesSupreme Court of the United States · 1966
  4. McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
  5. Waller v. FloridaSupreme Court of the United States · 1970

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Roger Fain v. Ed Duff, Etc.Court of Appeals for the Fifth Circuit · 1974
  2. In the Interest of J. D. D. v. StateDistrict Court of Appeal of Florida · 1972
  3. State v. JonesDistrict Court of Appeal of Florida · 1983
  4. In the Interest of DJDistrict Court of Appeal of Florida · 1975
  5. State v. BryantDistrict Court of Appeal of Florida · 1973

8 more not listed; retrieve them via the Exa API.

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