Smith v. State

District Court of Appeal of Florida

Decided January 7, 1987

District Court of Appeal of Florida · decided 1987-01-07

Cited by 1 later decisions — most recently July 1989

1 state decisions

Key passage — most relied on by later courts

“WHETHER, PRIOR TO THE INITIATION OF FORMAL ADVERSARY JUDICIAL PROCEEDINGS IN THE FORM OF AN INDICTMENT OR INFORMATION, AN ACCUSED HAS A CONSTITUTIONAL RIGHT TO COUNSEL AT A COMPELLED LINEUP? [1]”

quoted by 1 later decision, including 547 So. 2d 131 - State v. Smith

Relies on Sobczak v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-01-07

View the full empirical analysis of this case →

PER CURIAM.

¶1We reverse the order denying appellant’s motion to suppress identification upon au*658thority of Sobczak v. State, 462 So.2d 1172 (Fla. 4th DCA 1984).

¶2Reversed and Remanded.

LETTS, DELL and WALDEN, JJ., concur.

¶3ON MOTIONS FOR REHEARING, STAY AND CERTIFICATION

¶4BY ORDER OF THE COURT:

¶5ORDERED that the Appellee s January 15, 1987 Motion for Rehearing is denied.

¶6ORDERED that the Appellee’s January 15, 1987 Motion to Stay Mandate is granted.

¶7ORDERED that Appellee’s January 15, 1987 motion to certify question is granted; the following question is certified to the Supreme Court of Florida:

WHETHER, PRIOR TO THE INITIATION OF FORMAL ADVERSARY JUDICIAL PROCEEDINGS IN THE FORM OF AN INDICTMENT OR INFORMATION, AN ACCUSED HAS A CONSTITUTIONAL RIGHT TO COUNSEL AT A COMPELLED LINEUP?