Public-domain · open source
OpenJurist

126 So. 3d 258

State v. Roberts

District Court of Appeal of Florida

Decided December 23, 2009

District Court of Appeal of Florida · decided 2009-12-23

Relies on Roberts v. State · 697 So. 2d 70 - State v. Fourth Dist. Court of Appeal

Decided 2009-12-23

¶1ORDER OF TRANSFER

SHEPHERD, J.

¶2This case is before us on the State’s Petition for Certiorari seeking review of an order of the Miami-Dade Circuit Court denying its motion to disqualify defense counsel.

¶3As the Florida Supreme Court has made clear its appellate jurisdiction over death penalty cases includes not just exclusive jurisdiction to review all collateral proceedings that develop in those actions, but extends as well to collateral proceedings in cases such as this, where the Court has vacated a death sentence and remanded for further proceedings, see Roberts v. State, 840 So.2d 962, 973 (Fla.2002), we order this case to be transferred to the *259Florida Supreme Court for further proceedings. See Fla. R.App. P. 9.040(b)(1); State v. Fourth Dist. Ct.App., 697 So.2d 70, 71 (Fla.1997).

¶4SO ORDERED.

/126/so3d/258 · .json · Public domain