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483 So. 2d 872

483 So.2d 872

11 Fla.L.Weekly 518

Long v. State

District Court of Appeal of Florida

Decided February 27, 1986

District Court of Appeal of Florida · decided 1986-02-27

Relies on 350 So. 2d 462 - Delap v. State · 428 So. 2d 733 - Lipman v. State · 474 So. 2d 7 - Long v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Decided 1986-02-27

How this case has been cited

Cited by 9 later decisions — most recently August 2011

9 state decisions

401986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ON MOTION FOR SUMMARY REVERSAL FOR A NEW TRIAL

PER CURIAM.

¶2By a previous opinion of this court, Long’s petition for habeas corpus seeking a belated appeal was granted. Long v. Wainwright, 474 So.2d 7 (Fla. 1st DCA 1985). By uncontested affidavits, petitioner has demonstrated that the original court file cannot be located and that the court reporter has lost her stenographic notes of the trial. Under these circumstances, we find that petitioner’s judgments and sentences must be reversed and remanded for a new trial. Delap v. State, 350 So.2d 462 (Fla.1977); Lipman v. State, 428 So.2d 733 (Fla. 1st DCA 1983). Respondent argues that the doctrine of laches bars relief, but that contention was presented before and rejected by our prior opinion. The inapplicability of laches is therefore law of the case. See Long, 474 So.2d at 8, n. 1.

THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.
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