SOLOMON HAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SOLOMON HAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
302 So. 2d 144
Florida District Court of Appeal, First District (1974)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
This Court having carefully considered the record and the briefs and finding no reversible error, the order entered by the trial court pursuant to the provisions of Rule 3.850 RCrP is
Affirmed.
RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Davis v. State, 346 So. 2d 141 (Fla. 1st DCA 1977)…factors which establish reliability but none of these factors are present in the affidavit in the case sub judice. Reliability may be established by a recital of facts showing why the affiant considers the informant reliable. See State v. Middleton, 302 So. 2d 144 (Fla. 1 DCA 1974), and State v. Niles, 307 So. 2d 455 (Fla. 4 DCA 1975). Reliability may be established by detailed information contained in the affidavit. See Reed v. State, 267 So. 2d 70 (Fla.1972). A statement against penal interest may contribut…
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State v. Crisp, 307 So. 2d 454 (Fla. 4th DCA 1975)…te appeals. We reverse and remand. At issue is the adequacy of the affidavit upon which the search warrant was based. Shall we follow Wolff v. State, 291 So. 2d 15 (3d D.C.A.Fla.1974), as did the trial court, or shall we follow State v. Middleton, 302 So. 2d 144 (1st D.C.A.Fla. 1974), or shall we choose yet some other route? We choose the precedent of Middleton as representing the correct and more preferable position. The affidavit before us was based totally on hearsay — what was told to the affiant. He h…
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State v. Niles, 307 So. 2d 455 (Fla. 4th DCA 1975)…low that decision of the Third District Court of Appeal. This court declined to follow the Wolff case in State v. Crisp, 307 So. 2d 454, opinion filed February 7, 1975, as did the First District Court of Appeal in State v. Middleton, Fla.App. 1974, 302 So. 2d 144. Unfortunately, neither of said decisions was [*456] available to the trial judge when he entered the order which is the subject of this appeal. We find the statements contained in the affidavit in this case more than adequate. It sets forth inform…
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