Legal Opinion

Noack v. State

District Court of Appeal of Florida

Decided December 27, 2018No. 1D15-5620Published

1Opinion of the CourtWinokur, J.

Marvin Noack appeals the judgment and sentence following his second trial, at which he was again convicted of second-degree murder and attempted second-degree murder. We reject Noack's argument that he was entitled to discharge because the State failed to try him within ninety days of the reversal of his convictions from *1175his first trial. Noack also argues that his convictions must be reversed due to the trial court's erroneous admission of double-hearsay testimony. We agree and reverse his second-degree murder conviction, but affirm his conviction for attempted second-degree murder.1

I. Speedy…

2Cases cited16 opinions

  1. Rodriguez v. StateSupreme Court of Florida · 2000
  2. Butterworth in and for Broward Cty. v. FluellenSupreme Court of Florida · 1980
  3. State Ex Rel. Butler v. CullenSupreme Court of Florida · 1971
  4. Hudson v. StateSupreme Court of Florida · 2008
  5. Stewart v. StateSupreme Court of Florida · 1986

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