RICHARDO ORTA, PETITIONER,
v.
FLORIDA INDUSTRIAL RELATIONS COMMISSION ET AL., RESPONDENTS

Fla. | 1974-11-04
No. 45551
ADKINS, C. J., and BOYD, DEKLE and OVERTON, JJ., concur., McCAIN, J., dissents.
303 So. 2d 29 Florida Supreme Court (1974) Positive Treatment
Cited by 6 cases

Opinion of the Court

Certiorari denied.

ADKINS, C. J., and BOYD, DEKLE and OVERTON, JJ., concur.

McCAIN, J., dissents.


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  • Shores v. State, 756 So. 2d 114 (Fla. 4th DCA 2000)
    …dence must be such that the print could have been made only when the crime was committed. Tirko v. State, 188 So. 2d 888, 389 (Fla. 3d DCA 1962). Tirko was relied on by this court in Knight v. State, 294 So. 2d 387, 389 (Fla. 4th DCA), cert. denied, 303 So. 2d 29 (Fla.1974); see also Williams v. State, 247 So. 2d 425, 426 (Fla.1971)(fingerprint evidence showed only that defendant had been at crime scene, not when he was there). If the state fails to show that the fingerprints could only have been made at the…
  • C.E. v. State, 665 So. 2d 1097 (Fla. 4th DCA 1996)
    …dence must be such that the print could have been made only when the crime was committed. Tirko v. State, 138 So. 2d 388, 389 (Fla. 3d DCA 1962). Tirko was relied on by this court in Knight v. State, 294 So. 2d 387, 389 (Fla. 4th DCA), cert. denied, 303 So. 2d 29 (Fla.1974); see also Williams v. State, 247 So. 2d 425, 426 (Fla. 1971) (fingerprint evidence showed only that defendant had been at crime scene, not when he was there). If the state fails to show that the fingerprints could only have been made at t…
  • K.S. v. State, 814 So. 2d 1190 (Fla. 5th DCA 2002)
    …So. 2d 1097 (Fla. 4th DCA 1996); Miles v. State, 466 So. 2d 239 (Fla. 1st DCA 1984), pet. for review denied, 476 So. 2d 675 (Fla.1985); Sorey v. State, 419 So. 2d 810 (Fla. 3d DCA 1982); Knight v. State, 294 So. 2d 387 (Fla. 4th DCA), cert. denied, 303 So. 2d 29 (Fla.1974). Further, where the print is found on an item or in a place accessible to the general public, and no other evidence establishes that the print was made at the time of the crime, the defendant is entitled to a judgment of acquittal. Willia…

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