Legal Opinion
Mitchell v. State
District Court of Appeal of Florida
Decided September 2, 2009No. 2D05-2852Published
1Opinion of the Court
ORDER DENYING APPELLANT’S DEMAND TO REISSUE MANDATE
ALTENBERND, Judge.
The issue addressed by this opinion arises because the Florida Supreme Court’s decision in State v. Powell, 998 So.2d 531 (Fla.2008), is pending in the United States Supreme Court and a decision in that case is not expected for at least six months. The issue appears to be a matter of first impression and is also *903likely to be an issue that arises with great infrequency. Nevertheless, it is a significant issue concerning the power of a district court of appeal.
Can a district court exercise its discretion to recall mandate and…
2Cases cited13 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. St. Stephens Protestant Episcopal, Church, Inc.Supreme Court of Florida · 1931
- Rigterink v. StateSupreme Court of Florida · 2009
- State Farm Mutual Automobile Insurance v. Judges of the District Court of Appeal, Fifth DistrictSupreme Court of Florida · 1981
- State v. PowellSupreme Court of Florida · 2008
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