Legal Opinion

Butler v. State

District Court of Appeal of Florida

Decided July 19, 1977No. 76-1037PublishedCited by 2 opinions

1Per curiam

The defendant was granted a delayed appeal pursuant to Baggett v. Wainwright, 229 So.2d 239 (Fla.1969). On the appeal, the single point presented urges reversal upon the ground that the original object from which his latent fingerprint was lifted was not produced in court. While no case supporting this proposition has been cited, it should be noted that the evidence showed that the object was not available to the State at the time of trial. No error has been shown. Cf. United States v. Sewar, 468 F.2d 236 (9th Cir. 1972); United States v. Herndon, 536 F.2d 1027 (5th Cir. 1976); *628and Smith v.…

2Cases cited4 opinions

  1. Baggett v. WainwrightSupreme Court of Florida · 1969
  2. United States v. Bobby J. HerndonCourt of Appeals for the Fifth Circuit · 1976
  3. United States v. Edward P. SewarCourt of Appeals for the Ninth Circuit · 1973
  4. Smith v. StateDistrict Court of Appeal of Florida · 1975

3Cited by2 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 1978
  2. Baum v. StateDistrict Court of Appeal of Florida · 1978

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