Legal Opinion
State v. Wilkins
Supreme Court of Florida
Decided December 8, 1988No. 72065PublishedCited by 4 opinions
1Opinion of the Court
McDONALD, Justice.
The district court in this case, State v. Wilkins, 528 So.2d 1199 (Fla. 4th DCA 1988), certified the following as a question of great public importance:
WHETHER A PRESUMPTION OF PROSECUTORIAL VINDICTIVENESS ARISES WHEN THE STATE AMENDS AN INFORMATION BY ENHANCING CHARGES AFTER A MISTRIAL RESULTING FROM A DEADLOCKED JURY OR OTHER CIRCUMSTANCE NOT INVOLVING THE ASSERTION BY THE ACCUSED OF A PROTECTED RIGHT.
Id. at 1201. We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and answer the question in the negative.
The state charged Wilkins by information with…
2Cases cited5 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Blackledge v. PerrySupreme Court of the United States · 1974
- Weed v. StateSupreme Court of Florida · 1982
- United States v. Ray L. Corona and Rafael L. CoronaCourt of Appeals for the Eleventh Circuit · 1986
- State v. WilkinsDistrict Court of Appeal of Florida · 1988
3Cited by4 opinions
- Slaughter v. StateDistrict Court of Appeal of Florida · 1989
- State v. JohnsonWisconsin Supreme Court · 2000
- Pittman v. StateDistrict Court of Appeal of Florida · 2002
- State v. JohnsonWisconsin Supreme Court · 2000