State v. Safford

State v. Safford, 484 So. 2d 1244 (Fla. 1986)

Court: Supreme Court of Florida · State Highest Courts
Decided: March 20, 1986
Docket: No. 66730
Judges: McDonald
Citations: 484 So. 2d 124411 Fla. L. Weekly 117

Cited by 11 2 descriptions by later courts

Opinion

484 So.2d 1244 (1986)

STATE of Florida, Petitioner,

Sandy SAFFORD, Respondent.

No. 66730.

Supreme Court of Florida.

March 20, 1986.

*1245 Jim Smith, Atty. Gen., and Calvin L. Fox and Carolyn M. Snurkowski, Asst. Attys. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender and Henry H. Harnage, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for respondent.

McDONALD, Justice.

The issue in this case is whether our decision in State v. Neil, 457 So.2d 481 (Fla. 1984), is to be applied to cases where the jury was selected prior to Neil , but the cases were not finalized. These have been generally referred to as "pipeline" cases. We find that any person whose case was in the original trial or appellate process and who has followed the procedure specified in Neil to contest the racially discriminatory use of peremptory challenges is entitled to have Neil applied to that person's case. Our comment that Neil was not to be applied retroactively was intended to forestall the use of Florida Rule of Criminal Procedure 3.850 in collateral attacks on final judgments. Neil is not to be applied to those cases where the original trial and appellate processes were completed when Neil became effective; Neil does apply to those cases where the original trial or original appeal had not been so completed.

The opinion of the district court in Safford v. State, 463 So.2d 378 (Fla.3d DCA 1985), is approved.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

(Neil not to be retroactively applied to cases where appellate process was completed when Neil became effective)

Roberts v. State, 568 So. 2d 1255 (Fla. 1990)
(declined to retroactively apply State v. Neil, 457 So.2d 481 (Fla. 1984), which changed the long-standing rule in Florida that a party could never be required to explain the reasons for exercising preemptory challenges)

State v. Glenn, 558 So. 2d 4 (Fla. 1990)

Cited by 11 cases

View all citing references →

Relies on it most ⓘ

Love v. State559 So. 2d 198 (Fla. 1990)
Roberts v. State568 So. 2d 1255 (Fla. 1990)
State v. Glenn558 So. 2d 4 (Fla. 1990)
Mitchell v. Moore786 So. 2d 521 (Fla. 2001)
Bunkley v. State882 So. 2d 890 (Fla. 2004)
Bunkley v. State833 So. 2d 739 (Fla. 2002)

Most recent

Bunkley v. State882 So. 2d 890 (Fla. 2004)
Bunkley v. State833 So. 2d 739 (Fla. 2002)
Mitchell v. Moore786 So. 2d 521 (Fla. 2001)
Webber v. State662 So. 2d 1287 (Fla. Dist. Ct. App. 1995)
Roberts v. State568 So. 2d 1255 (Fla. 1990)
State v. Glenn558 So. 2d 4 (Fla. 1990)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	State v. Neil, 457 So. 2d 481 (Fla. 1984)	477
	Safford v. State, 463 So. 2d 378 (Fla. Dist. Ct. App. 1985)	6
	Fla. Bar v. Whitlock, 484 So. 2d 1244 (Fla. 1986)	2

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