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State v. Hamilton

The STATE of Florida v. Odes Neal HAMILTON and Raymond Augusta Black

State v. Hamilton, 240 So. 2d 509 (Fla. Dist. Ct. App. 1970)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
October 27, 1970
Docket
No. 70-855
Judges
Bark, Carroll, Dull, Hendry
Citations
240 So. 2d 5091970 Fla. App. LEXIS 5611
Cited by 4

Opinion of the Court

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PER CURIAM.

This is an appeal by the state from a pretrial order in a criminal prosecution in the circuit court, as authorized by § 924.07 (8) Fla.Stat., F.S.A.1969. The challenged order granted defendants’ motion for severance, opposed by the state, which had elected to try jointly the defendants who were charged by indictment with the crime of murder in the first degree. The defendants, in the presence of each other, had made statements which were self-incriminating and which implicated the other. We find no error in that ruling of the trial court. It represented a matter resting in the discretion of the court (Jackman v. State, Fla.App.1962, 140 So.2d 627 ; Sylvia v. State, Fla.App.1968, 210 So.2d 286 ), and *510 in the circumstances presented the order of severance was proper. See Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →
1971: 11978: 21980: 119712026peak 1978 · 2

Relies on it most ⓘ

  1. W. B. v. State356 So. 2d 884 (Fla. Dist. Ct. App. 1978)
  2. State v. Smith254 So. 2d 402 (Fla. Dist. Ct. App. 1971)
  3. WB v. State356 So. 2d 884 (Fla. Dist. Ct. App. 1978)
  4. Fungone v. State391 So. 2d 336 (Fla. Dist. Ct. App. 1980)

Most recent

  1. Fungone v. State391 So. 2d 336 (Fla. Dist. Ct. App. 1980)
  2. WB v. State356 So. 2d 884 (Fla. Dist. Ct. App. 1978)
  3. W. B. v. State356 So. 2d 884 (Fla. Dist. Ct. App. 1978)
  4. State v. Smith254 So. 2d 402 (Fla. Dist. Ct. App. 1971)

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

DepthCaseCited by
Bruton v. United States, 391 U.S. 123 (1968) 7,533
Jackman v. State, 140 So. 2d 627 (Fla. Dist. Ct. App. 1962) 35
Sylvia v. State, 210 So. 2d 286 (Fla. Dist. Ct. App. 1968) 16

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