Legal Opinion

Herring v. State

District Court of Appeal of Florida

Decided July 1, 1980No. 79-1903PublishedCited by 4 opinions

1Per curiam

The judgment of conviction and sentence under review is affirmed upon a holding that the trial court properly denied the defendant’s pre-trial motion to suppress without conducting an evidentiary hearing thereon as the said motion was legally insufficient and subject to a summary denial thereof because: (a) the motion fails to clearly state the reasons for suppression or a general statement of facts in support thereof as required by Fla.R.Crim.P. 3.190(h)(2), State v. Butterfield, 285 So.2d 626 (Fla.4th DCA 1973), and (b) the motion fails to make the requisite showing under Delaware v.…

2Cases cited3 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. Mason v. StateDistrict Court of Appeal of Florida · 1979
  3. State v. ButterfieldDistrict Court of Appeal of Florida · 1973

3Cited by4 opinions

  1. Dean v. StateDistrict Court of Appeal of Florida · 1983
  2. State v. HernandezDistrict Court of Appeal of Florida · 2002
  3. State v. MoyerDistrict Court of Appeal of Florida · 1980
  4. Chapman v. StateDistrict Court of Appeal of Florida · 1984

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