Hall Approved Free Access to American Case Law

State v. Herndon

Supreme Court of Florida
State v. Herndon, 894 So. 2d 966 (Fla. 2005)
Anstead, Bell, Cantero, Lewis, Pariente, Quince, Wells

State v. Herndon

Opinion of the Court

PARIENTE, C.J.

We have the decisions in each of these cases for review, based on express and direct conflict or certified conflict with a decision of this Court or another district court. We have jurisdiction. See art. V, § 3(b)(3), (4), Fla. Const. We accept jurisdiction, consolidate these cases for purposes of this opinion, summarily quash the decisions of the Second District Court of Appeal, and remand for reconsideration in light of our decisions in Franklin v. State, 887 So.2d 1063 (Fla. 2004), and State v. Green, 887 So.2d 1089 (Fla. 2004). We decline to address the additional issues, including those relating to resentencing, raised in several of these cases.

It is so ordered.

WELLS, ANSTEAD, LEWIS, CANTERO, and BELL, JJ., concur. QUINCE, J., dissents with an opinion.

Dissenting Opinion

QUINCE, J.,

dissenting.

I dissent for the same reasons expressed in my dissenting opinions in Franklin v. State, 887 So.2d 1063, 1086-88 (Fla. 2004), and State v. Green, 887 So.2d 1089, 1090 (Fla. 2004).

Reference

Full Case Name
STATE of Florida v. Marilyn Holmes HERNDON, Respondent State of Florida v. Thomas P. McCabe, Respondent State of Florida v. Joe Alan Golan, Respondent State of Florida v. Ernest Lee Hardy, Respondent State of Florida v. Stephen Murphy, Respondent State of Florida v. Domingo Sanchez, Respondent State of Florida v. John Booream, Respondent State of Florida v. Jeanne Barber, Respondent State of Florida v. Scott W. Karo, Respondent State of Florida v. William F. Gilbert, Respondent State of Florida v. Thomas Mills, Respondent State of Florida v. Alec Ricardo Reeves, Respondent State of Florida v. Phillip Wright, Respondent State of Florida v. Catherine W. Gregory, Respondent State of Florida v. Michal Keinz, Respondent State of Florida v. Lawrence Staley, Respondent State of Florida v. Alfredo Padilla, Jr., Respondent State of Florida v. Michael Warren Trumbower, Respondent State of Florida v. Raymond Lynn, Respondent State of Florida v. Reginald Henry, Respondent State of Florida v. Joseph Jones, Respondent State of Florida v. Melissa J. Smiley, Respondent State of Florida v. Justin Murray, Respondent State of Florida v. Orlando Adams, Respondent State of Florida v. Richard Williams
Cited By
3 cases
Status
Published
↑