Wilson v. State
Wilson v. State
Opinion of the Court
Eugene Wallace Wilson petitions this court for a writ of prohibition, arguing that any attempt by the state to try him again would violate his constitutional protection against double jeopardy. We have jurisdiction. Thomason v. State, 620 So.2d 1234 (Fla. 1993). We also find that petitioner’s arguments are well-taken and we grant relief.
Wilson was charged with cultivation of cannabis and possession of more than 20 grams of cannabis in case number 98-760-CF in the Circuit Court for Columbia County. In the state’s case-in-chief, the arresting officer testified that the defendant confessed to the crimes after having been given Miranda warnings. The first defense witness was a third party who was present at the time of the interrogation and who testified that Wilson was not advised of his rights in accordance with Miranda. The presiding judge excused the jury at that point and expressed the view that the jury had been irrevocably tainted by this evidence. The court stated that this issue should have been resolved at a pretrial hearing, while the defense asserted this was proper impeachment of the arresting officer. Over defense counsel’s objection, a mistrial was ordered.
Upon consideration of the above, we grant the petition and issue the writ of prohibition. It is hereby ordered that further prosecution of Eugene Wallace Wilson on criminal charges arising from the incident underlying the case in question is prohibited.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.