Supreme Court of Florida, 1989

Wise v. State

Supreme Court of Florida · Decided February 9, 1989 · Barkett, Ehrlich, Grimes, Kogan, McDonald, Overton, Shaw

537 So. 2d 994; 14 Fla. L. Weekly 61; 1989 Fla. LEXIS 60; 1989 WL 10519 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Chandler v. State (Fla. Dist. Ct. App. 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This case, Wise v. State, 528 So.2d 507 (Fla. 2d DCA 1988), presents the same question as Batie v. State, 521 So.2d 295 (Fla. 1st DCA 1988), i.e., whether persons convicted of capital crimes are ineligible for posttrial release. We recently approved Batie, Batie v. State, 534 So.2d 694 (Fla. 1988), and held that convictions of capital crimes preclude posttrial release. We therefore approve Wise.

It is so ordered.

EHRLICH, C.J., and OVERTON, MCDONALD, SHAW, GRIMES and KOGAN, JJ., concur. BARKETT, J., dissents with an opinion.

Dissenting Opinion

BARKETT, Judge,

dissenting.

I dissent for the reasons expressed in my dissent to Batie v. State, 534 So.2d 694 (Fla. 1988) (Barkett, J., dissenting).

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