Continuance Request

15 Florida cases classified under this topic · sorted by citation count · browse and sort

• State v. Abrams
  350 So. 2d 1104· Fla. 4th DCA· 1977-10-04 ·cited 34×
  The State of Florida appealed a trial court's order discharging Walter Abrams for violation of his speedy trial rights after remand for a new trial. The court held that Abrams was bound by his public defender's continuance request, which waived his speedy trial rights, and revers
• Olen Clay Gorby v. State
  819 So. 2d 664· Fla.· 2002-04-11 ·cited 28×
  Olen Clay Gorby, convicted of first-degree murder and sentenced to death, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's de
• United States v. Porterfield
  624 F.2d 122· 10th Cir.· 1980-06-05 ·cited 16×
  The court held that the defendant's Sixth Amendment right to effective assistance of counsel was violated due to his attorney's pervasive incompetence.
• THE Florida BAR v. Oxner
  431 So. 2d 983· Fla.· 1983-04-21 ·cited 8×
  The Florida Supreme Court affirmed a disciplinary action against attorney Jerry E. Oxner, finding that he deliberately made false statements to a judge to obtain a continuance. The court emphasized the critical importance of judicial reliance on attorney representations and impos
• United States v. Ervin L. Abercrombie
  480 F.2d 961· 5th Cir.· 1973-07-17 ·cited 6×
  A defendant cannot be lawfully convicted of both taking and possessing the same money under the Bank Robbery Act, as these offenses are legally incompatible when applied to the same individual.
• L.D. v. Dep't of Child. & Fam. Servs.
  770 So. 2d 219· Fla. 3d DCA· 2000-10-25 ·cited 4×
  A mother appeals a final judgment terminating her parental rights to her child. The sole issue on appeal is whether testimony from a guardian ad litem who performed no investigation should have been excluded. The court affirms the termination, finding the factual basis overwhelmi
• Stewart v. State
  470 So. 2d 101· Fla. 1st DCA· 1985-06-07 ·cited 4×
  Stewart petitioned for a writ of certiorari to review a circuit court order that reversed a county court's grant of his motion for discharge under Florida's speedy trial rule. The court addressed whether a defendant who requested a continuance in a felony case waived speedy trial
• Objio v. State
  179 So. 3d 494· Fla. 5th DCA· 2015-11-20 ·cited 2×
  Objio challenges the suspension of his driver's license for DUI where the arresting officer was properly subpoenaed but failed to appear at the formal review hearing. The court held that Florida Statute § 322.2615(11) mandates automatic invalidation of the suspension when a subpo
• Wilson v. State
  261 So. 3d 723· Fla. 1st DCA· 2018-12-18 ·cited 1×
  Kerry Wilson appeals his convictions for burglary with assault and armed robbery, challenging the trial court's decision to allow the State's expert witness to testify regarding cell phone records without proper disclosure. The court reversed and remanded for a new trial, finding
• State v. Lakesha Poitier
  Fla. 4th DCA· 2024-11-27
  A trial court does not abuse its discretion in dismissing criminal charges when the State refuses to proceed with trial without good faith reason, particularly where the State has previously consented to the trial format and later demands a change on the day of trial without seek
• Gilroy v. Gilroy
  163 So. 3d 674· Fla. 2d DCA· 2015-04-29
  In this family law appeal, the Second District Court of Appeal reversed a trial court's child support modification award because the court erred in denying the husband's request for a continuance when the wife disclosed her financial affidavit only one day before trial. The court
• Elieser Roque v. State
  987 So. 2d 188· Fla. 3d DCA· 2008-07-23
  Elieser Roque appeals his sentencing of thirty years incarceration imposed under a substantial assistance agreement after he failed to appear at a court hearing. The Third District Court of Appeal reverses and remands, holding that the trial court erred by denying a continuance t
• Bukowski v. State
  705 So. 2d 613· Fla. 2d DCA· 1997-12-24
  Appellant Bukowski appealed a restitution order entered after his no-contest plea to criminal charges. The court reversed the restitution order because the trial judge abused its discretion by forcing the continuation of a restitution hearing without counsel, despite the defendan
• Boynton v. State
  577 So. 2d 692· Fla. 3d DCA· 1991-04-09
  Rodney Boynton appealed his conviction for armed robbery, raising claims regarding the trial court's handling of his pro se motion to discharge court-appointed counsel and its denial of his request to call undisclosed witnesses. The Florida District Court of Appeal affirmed the c
• City of Miami Beach v. Edell
  6 Fla. Supp. 103· Dade Cty. Cir. Ct.· 1954-11-29
  The court reversed a drunk driving conviction where the defendant was denied a continuance to obtain counsel after the city's case concluded. The court held that a general courtroom announcement about continuances does not constitute a valid waiver of the constitutional right to