Legal Opinion · Concurrence

Anderson v. State

District Court of Appeal of Florida

Decided August 9, 2012No. 1D11-0707Published

1ConcurrenceMakar, J.

I fully concur and join in the majority opinion’s invited error analysis, though not without pause given the other viewpoints of my colleagues. I view this case through a pragmatic lens, one that focuses on (a) the legislative intent of the Jimmy Ryce Act, whose text specifically permits continuances beyond the statutory thirty-day requirement for conducting trials after probable cause is found, and (b) the Florida Supreme Court’s interpretations of the Act, which leave some room for judicial administration in specific cases based on the facts presented. Because the language of the Act…

2Cases cited7 opinions

  1. Larimore v. StateSupreme Court of Florida · 2009
  2. State v. GoodeSupreme Court of Florida · 2002
  3. Osborne v. StateSupreme Court of Florida · 2005
  4. In Re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent PredatorsSupreme Court of Florida · 2009
  5. Taylor v. StateDistrict Court of Appeal of Florida · 2011

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