Legal Opinion
State ex rel. Harris v. McCauley
Supreme Court of Florida
Decided July 17, 1974No. 45441PublishedCited by 13 opinions
1Opinion of the Court
ERVIN, Justice.
This is an original proceeding wherein Petitioner Richard Harris seeks a writ of prohibition to restrain the Respondent, Honorable James A. McCauley, Circuit Judge, in and for Broward County, Florida from entertaining state prosecution against Petitioner for the alleged crime of rape.
The salient question in this case passed on adversely to Petitioner below and posed by him here in these proceedings is:
May an acting state attorney appointed pursuant to Section 27.16, F.S. validly sign felony informations when the appointed acting state attorney is not qualified to hold or carry…
2Cases cited5 opinions
- Kirk v. BakerSupreme Court of Florida · 1969
- State Ex Rel. RC Motor Lines, Inc. v. BoydSupreme Court of Florida · 1959
- State Ex Rel. Shailer v. BooherDistrict Court of Appeal of Florida · 1970
- Wincor v. TurnerSupreme Court of Florida · 1968
- State Ex Rel. Treadwell v. HallSupreme Court of Florida · 1973
3Cited by13 opinions
- English v. McCrarySupreme Court of Florida · 1977
- Sparkman v. McClureSupreme Court of Florida · 1986
- Austin v. State Ex Rel. ChristianSupreme Court of Florida · 1975
- State Ex Rel. Falkner v. BlantonSupreme Court of Florida · 1974
- Allan and Conrad v. University of Cent. Fl.District Court of Appeal of Florida · 2007
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