IN THE INTEREST OF FLOYD STEVEN HUSK, A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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.
The court held that the trial court's order reaffirming its prior denial of a motion to suppress, with a specific finding that the confession was voluntary, satisfied the appellate court's prior directive.
The appellate court had previously relinquished jurisdiction to the trial court to rule explicitly on the voluntariness of a defendant's confession. T…
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.
Explore caselaw by topic → Browse Voluntariness Of Confession cases and more on FLexlaw
PER CURIAM.
By our previous opinion in this cause, Husk v. State, Fla.App.(1st), 305 So. 2d 19 (1974), we relinquished jurisdiction to the trial court “to consider and then rule explicitly on the voluntariness of the defendant’s confession.” We also stated: “Promptly after an order is made on the issue of voluntariness as herein provided for, counsel for the appellant shall file herein a certified copy of such order.” (Emphasis supplied.) The trial court entered its order on December 30, 1974, but counsel for appellant did not file the certified copy of same with this court as we had directed and thus its entry was not called to our attention. Finally, upon this court’s inquiry, the certified copy was filed with us on May 12, 1976. The pertinent part of the trial court’s order states as follows:
“. . . the Court having heard testimony September 13, 1973, and having reviewed the complete transcript of all evidence presented September 13, 1973, the Court finds that the Court did find the defendant’s confession to be given freely and voluntarily without coercion or any promises or threats resulting in the Order Denying Motion to Suppress entered September 18, 1973, and the Court being fully advised in the premises, it is upon consideration
ORDERED that the Order denying defendant’s Motion to Suppress entered September 18, 1974, be and the same is hereby reaffirmed with a specific finding by the Court that said confession was freely and voluntarily made.”
The foregoing order satisfies and renders moot appellant’s contention that the trial court did not make an express finding that the confession was voluntarily given. We have reviewed the briefs and the record and find appellant’s remaining points to be without merit.
Affirmed.
RAWLS, Acting C. J., and McCORD and SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Carter, 397 So. 2d 679 (Fla. 1981)…trial. See, e. g, Stuart v. State, [*681] 360 So. 2d 406 (Fla.1978); Allen v. State, 275 So. 2d 238 (Fla.1973); State ex rel. Smith v. Nesbitt, 355 So. 2d 202 (Fla. 3d DCA 1978); Jenkins v. State, 349 So. 2d 1192 (Fla. 4th DCA 1977); State v. Jones, 332 So. 2d 699 (Fla. 1st DCA 1976); State v. Cannon, 332 So. 2d 127 (Fla. 4th DCA 1976); Mullin v. State, 307 So. 2d 829 (Fla. 3d DCA 1974), cert. denied, 317 So. 2d 761 (Fla.1975); Riggins v. State, 301 So. 2d 124 (Fla. 1st DCA 1974); Pouncy v. State, 296 So. 2d…
-
Turner v. State, 382 So. 2d 780 (Fla. 4th DCA 1980)…holidays. Since the Rules of Criminal Procedure do not define legal holidays, it is our. view that the term “legal holiday” as used in Rule 3.040, supra, refers to the legal holidays specified in Chapter 683 of the Florida Statutes. State v. Jones, 332 So. 2d 699 (Fla. 1st DCA 1976). We thus conclude that Friday, November 24, 1978, was the 180th day for bringing appellant to trial. To rule otherwise would be tantamount to holding that the speedy trial rule can be extended simply by an administrative order of…
-
Crane v. Honorable Raymond L. Simpson, 352 So. 2d 1248 (Fla. 1st DCA 1977)…n issue in this case. . 275 So. 2d 238 (Fla. 1973). . Leon v. Baker, 238 So. 2d 281 (Fla.1970); Leonard v. McIntosh, 237 So. 2d 809 (Fla. 4th DCA 1970); Clark v. Edwards, 234 So. 2d 399 (Fla. 4th DCA 1970), cert. den. 239 So. 2d 246 (Fla.1970). . 332 So. 2d 699 (Fla. 1st DCA 1976). . 232 So. 2d 419 (Fla. 4th DCA 1970). . 30 Fla.Jur., Sundays and Holidays, § 38.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of Floyd Steven Husk v. State, 305 So. 2d 19 (Fla. 1st DCA 1974)