HON. ROBERT W. TYSON, JR., AS JUDGE OF THE COURT OF RECORD IN AND FOR BROWARD COUNTY, FLORIDA, APPELLANT,
v.
STATE OF FLORIDA EX REL. WILLIAM TAYLOR RICHMOND AND JOHN TOLEN SULLIVAN, APPELLEES
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The Florida Supreme Court reversed a District Court of Appeal's writ of prohibition, holding that the reasons justifying a mistrial are not exclusive and directing the lower court to dismiss the cause.
The Florida Supreme Court reversed the lower court's decision, stating that the reasons justifying a mistrial are not exclusive and are controlled by precedent.
The District Court of Appeal issued a writ of prohibition, relying on prior case law that suggested only specific reasons justify discharging a jury. …
The full statement of facts, procedural history, and disposition for this case are member content.
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The factual background, history and legal questions involved are set forth in the opinion of the District Court of Appeal reported as State ex rel. Richmond v. Tyson, Fla.App., 226 So.2d 345, and it would serve no useful purpose to repeat them here. The District Court, in issuing a writ of prohibition, relied for its authority on the case of State ex rel. Williams v. Grayson, Fla., 90 So.2d 710, and with particular emphasis on that part of the opinion which said:
"Illustrative of the urgent or necessary reasons that would justify the discharge of the jury at the stage of the trial mentioned would be: (a) the illness of the judge, the accused, or a juror requiring the absence of any of them from the court, or (b) the inability *812of the jury to agree on a verdict after due and proper deliberation, or (c) a consent of the accused himself.” (Italic supplied)
The reasons stated were only illustrative for conditions that would justify a mistrial and were not exclusive.
The case sub judice is controlled by Adkins v. Smith, Fla., 205 So.2d 530, which contains a full discussion of the question of mistrial with particular emphasis on the judicial principle announced by the Supreme Court of the United States in Gori v. United States, 367 U.S. 364, 81 S.Ct. 1523, 6 L.Ed.2d 901.
Under the authority of Adkins v. Smith, supra, the decision under review is reversed with directions to vacate the writ of prohibition and dismiss the cause.
It is so ordered.
ERVIN, C. J., ROBERTS, DREW, CARLTON, ADKINS and BOYD, JJ., and MURPHREE, Circuit Judge, concur.
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Honorable David U. Strawn v. State of Fla. ex rel. Jon Anderberg, 332 So. 2d 601 (Fla. 1976)…administration of the criminal law, there is even less basis for a claim of trespass upon the privilege against double jeopardy....’” Cf. U. S. v. Jorn, 400 U.S. 470 at 479-480, 91 S.Ct. 547, 27 L.Ed.2d 543 (1971); Tyson v. State ex rel. Richmond, 240 So. 2d 811 (Fla.1970); Goodman v. State ex rel. Furlong, 247 So. 2d 47 (Fla.1971); State ex rel. Mitchell v. Walker, 294 So. 2d 124 (Fla.App. 2, 1974). During the course of the hearing on motion to dismiss the information on grounds of double jeopardy, the le…
Authorities Cited
- Gori v. United States, 367 U.S. 364 (U.S. 1961)
- Leone Berdina Rosacker v. Rosacker, 90 So. 2d 710 (Fla. 1956)
- Cockery v. Ashkenazy, 90 So. 2d 710 (Fla. 1956)
- Adkins v. Smith, 205 So. 2d 530 (Fla. 1967)
- State of Fla. ex rel. William Taylor Richmond & John Tolen Sullivan v. The Honorable Robert W. Tyson, Jr., 226 So. 2d 345 (Fla. 4th DCA 1969)