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Matire v. State

Louis MATIRE v. STATE of Florida

Matire v. State, 403 So. 2d 1049 (Fla. Dist. Ct. App. 1981)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
September 2, 1981
Docket
No. 80-1971
Judges
Beranek, Glickstein, Hurley
Citations
403 So. 2d 10491981 Fla. App. LEXIS 20946

Opinion of the Court

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PER CURIAM.

This is an appeal from a denial of appellant’s 3.850 motion to set aside his 1968 murder conviction. The motion was based upon an improper comment on appellant’s exercise of his right to remain silent made at trial. Though he moved at that time for a mistrial, the motion was denied, but appellant failed to argue the issue on appeal. The trial court, after a hearing, denied his 3.850 motion.

We affirm the trial court’s action since appellant’s failure to raise the issue on appeal precludes him from raising it for the first time in a 3.850 motion. Pitts v. Turner, 362 So.2d 134 (Fla. 4th DCA 1978). This decision is without prejudice, however, to appellant filing a petition for habeas corpus in this court based upon an allegation of ineffective assistance of appellate counsel. Smith v. State, 400 So.2d 956 (Fla. 1981); Knight v. State, 394 So.2d 997 (Fla. 1981).

BERANEK, GLICKSTEIN and HURLEY, JJ., concur.

How later courts describe this case

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

1987: 119872026peak 1987 · 1

Relies on it most ⓘ

  1. Louis Matire v. Louie Wainwright811 F.2d 1430 (11th Cir. 1987)

Most recent

  1. Louis Matire v. Louie Wainwright811 F.2d 1430 (11th Cir. 1987)

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
Knight v. State, 394 So. 2d 997 (Fla. 1981) 380
Smith v. State, 400 So. 2d 956 (Fla. 1981) 53
Pitts v. Turner, 362 So. 2d 134 (Fla. Dist. Ct. App. 1978) 3

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