Public-domain · open source
OpenJurist

467 So. 2d 400

467 So.2d 400

10 Fla.L.Weekly 798

Docket No. 84-410.

Franks v. State

Sidney FRANKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided March 27, 1985.

Rehearing and/or Certification of Question Denied May 8, 1985.

District Court of Appeal of Florida · decided 1985-03-27

Cited by 3 later decisions — most recently May 1986

3 state decisions

Relies on 457 So. 2d 481 - State v. Neil · 459 So. 2d 1018 - Moffitt v. Willis · Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-03-27

View the full empirical analysis of this case →

¶1Richard L. Jorandby, Public Defender and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The dispositive issue on appeal is whether the Supreme Court's ruling in State v. Neil,457 So.2d 481 (Fla. 1984), applies to cases tried before September 27, 1984, (the date of Neil's issuance). Relying on the Supreme Court's decision in Andrews v. State,459 So.2d 1018 (Fla. 1984) (applying Neil to a case tried before Sept. 27, 1984), *401 we join the Third District and hold "that Neil governs so-called `pipeline' cases such as this one, in which the issue was properly preserved below and which was pending when Neil was decided." Jones v. State,466 So.2d 301 (Fla. 3d DCA 1985).

¶5Reversed and remanded for new trial.

¶6GLICKSTEIN and HURLEY, JJ., and GOLDMAN, MURRAY, Associate Judge, concur.

/467/so2d/400 · .json · Public domain