FERIA v. SPENCER

No. 93-151.

616 So.2d 84 (1993)

Roberto FERIA, Petitioner, v. The Honorable Thomas SPENCER, Circuit Court Judge of Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

March 16, 1993.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Valerie Jonas, Asst. Public Defender, for petitioner.

Robert A. Butterworth, Atty. Gen., Mark S. Dunn and Avi J. Litwin, Asst. Attys. Gen., for respondent.

Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.


PER CURIAM.

The petitioner, Roberto Feria, petitions this court to issue a writ prohibiting his reprosecution based on the constitutional prohibition against double jeopardy. We grant the writ of prohibition.

During the state's redirect examination of one of its witnesses the trial court, sua sponte, and without the defendant's consent, declared a mistrial and discharged the jury. The defendant's silence when the trial court granted the mistrial cannot be...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases