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696 So. 2d 1275

Docket No. 97-1641.

Reynolds v. State

Harriet Estelle REYNOLDS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida

Decided July 3, 1997.

District Court of Appeal of Florida · decided 1997-07-03

Key passage — most relied on by later courts

“Florida Rules of Criminal Procedure 3.180(a)(3) and 3.220(p) provide that a defendant's presence at a pretrial conference may be waived in writing. On June 18, 1997, a waiver of appearance signed by petitioner was filed by her attorney. The Notice of Docket Sounding does not inform the petitioner that this pretrial proceeding requires her personal appearance, that her presence may not be waived and that she could not appear through counsel. Accordingly, there appears to be no legal basis for issuance of the capias and it is hereby quashed.”

quoted by 1 later decision, including 822 So. 2d 595 - Cruz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-07-03

How this case has been cited

Cited by 11 later decisions — most recently October 2016

10 state decisions

40199720002010decided

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.

View the full empirical analysis of this case →

¶1Jerome Hennigan of Hennigan & Malone, Orlando, for Petitioner.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Respondent.

¶3PER CURIAM.

¶4Petitioner Harriet Reynolds seeks an emergency writ of habeas corpus or certiorari to quash a capias warrant issued for her arrest for failing to appear in court for a noticed "docket sounding" on June 20, 1997. Petitioner resides in Vero Beach, Florida. Florida Rules of Criminal Procedure 3.180(a)(3) and 3.220(p) provide that a defendant's presence at a pretrial conference may be waived in writing. On June 18, 1997, a waiver of appearance signed by petitioner was filed by her attorney. The Notice of Docket Sounding does not inform the petitioner that this pretrial proceeding requires her personal appearance, that her presence may not be waived and that she could not appear through counsel. Accordingly, there appears to be no legal basis for issuance of the capias and it is hereby quashed.

¶5PETITION GRANTED; CAPIAS QUASHED.

¶6GRIFFIN, C.J., and HARRIS and PETERSON, JJ., concur.

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