APPLICATION OF THE PEOPLE OF THE STATE OF NEW YORK FOR AN ORDER REQUIRING ONE JOSEPH C. O'NEILL TO ATTEND AND TESTIFY BEFORE THE GRAND JURY OF THE COUNTY OF NEW YORK, STATE OF NEW YORK
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case involves the People of the State of New York seeking to compel Joseph C. O'Neill to testify before a grand jury. After an initial affirmation by the Florida Supreme Court, the U.S. Supreme Court reversed and remanded, leading to the Florida Supreme Court's reconsideration.
The Florida Supreme Court, upon reconsideration and in light of the U.S. Supreme Court's mandate, remanded the case to the lower court for further proceedings consistent with state law and the U.S. Supreme Court's opinion.
“Upon reconsideration, therefore, the cause is remanded to the Circuit Court of the Eleventh Judicial Circuit for further proceedings consistent with the law of the State of Florida and the mandate and opinion of the Supreme Court of the United States”
This quote establishes the court's action and the basis for it, following the U.S. Supreme Court's reversal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe People of the State of New York sought an order to compel Joseph C. O'Neill to testify before a grand jury. The Florida Supreme Court initially af…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
The judgment of this court was entered 22 January 1958, 100 So.2d 149, affirming the decree of the Circuit Court of the Eleventh Judicial Circuit, 9 Fla.Supp. 153, in the above styled cause. On petition for writ of certiorari the judgment was reversed and the cause remanded by the Supreme Court of the United States in an opinion filed March 2, 1959.
Upon reconsideration, therefore, the cause is remanded to the Circuit Court of the Eleventh Judicial Circuit for further proceedings consistent with the law of the State of Florida and the mandate and opinion of the Supreme Court of the United States, and it is
Ordered that the People of the State of New York shall have and recover their costs of $395.57 taxed by the Supreme Court of the United States, as well as their costs expended in this court in the appeal of this cause, and that judgment for those amounts be entered in the Circuit Court of the Eleventh Judicial Circuit against Joseph C. O’Neill and that execution issue therefor.
TERRELL, C. J., and THOMAS, HOB-SON, THORNAL and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re O'Neill (No. 2), 17 Fla. Supp. 199 (Dade Cty. Cir. Ct. 1960)…the earlier decision (In re O’Neill, 9 Fla. Supp. 153) of this court. Upon the mandate of the Supreme Court of the United States, the Supreme Court of Florida entered its order (See: Application of People of the State of New York v. O’Neill (Fla.), 112 So. 2d 837) as follows— “Upon reconsideration, therefore, the cause is remanded to the Circuit Court of the Eleventh Judicial Circuit for further proceedings consistent with the law of the State of Florida and the mandate and opinion of the Supreme Court of th…1 / 2
Authorities Cited
- Application of the People OF the State OF NEW York for an Order Requiring Joseph C. O'Neill to Attend & Testify Before the Grand Jury of the Cnty. of N.Y., 100 So. 2d 149 (Fla. 1958)
- In re O'Neill, 9 Fla. Supp. 153 (Dade Cty. Cir. Ct. 1956)