Lawrence v. State
District Court of Appeal of Florida
1Per curiam
The appellant has appealed from an order denying his motion to vacate his judgment and sentence [murder in the first degree] under Criminal Procedure Rule No. One, F.S.A. ch. 924 Appendix. The appellee’s motion to quash is before us for determination.
It is admitted that in order for appellant to prevail, it would he necessary to apply the rule of Escobedo v. State of Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed. 2d 977, retroactively.
We have heretofore held that the decision of Escobedo, supra, does not apply retroactively in Florida. Bell v. State, Fla.App.1965, 175 So.2d 80, cert.…
2Cases cited11 opinions
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Linkletter v. WalkerSupreme Court of the United States · 1965
- In Re LopezCalifornia Supreme Court · 1965
- State v. JohnsonSupreme Court of New Jersey · 1965
- United States of America Ex Rel. Oscar Walden, Jr. v. Frank J. Pate, Warden, Illinois State Penitentiary, Joliet BranchCourt of Appeals for the Seventh Circuit · 1965
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3Cited by2 opinions
- Starkey v. StateIdaho Supreme Court · 1966
- Carter v. StateDistrict Court of Appeal of Florida · 1966