CopyCited 34 times | Published | Supreme Court of Florida
...jurisdiction and, therefore, may be reached by prohibition."
106 Fla. at 566,
143 So. at 606. We held similarly in the case of Dickoff v. Dewell,
152 Fla. 240,
9 So.2d 804 (1942), basing our decision on Feger v. Fish. In 1971 the legislature enacted section
918.015(2), Florida Statutes (Supp....
CopyCited 31 times | Published | Supreme Court of Florida
a defendant meets the standard of competency. § 918.15, Fla. Stat. (1979); Fla.R.Crim.P. 3.210 (1979)
CopyCited 18 times | Published | Florida 1st District Court of Appeal
...[5] 21 Am.Jur.2d 289, 290, Criminal Law, § 253. [6] State v. Turlok (1926) 76 Mont. 549, 248 P. 169. [7] Art. V, § 3, Constitution of Florida, 1968, F.S.A. " Practice and procedure. The practice and procedure in all courts shall be governed by rules adopted by the supreme court." F.S. § 918.015(2), F.S.A....
CopyCited 18 times | Published | Supreme Court of Florida | 1971 Fla. LEXIS 3910
245 So.2d 33 (1971) In re FLORIDA RULES OF CRIMINAL PROCEDURE. No. 40827. Supreme Court of Florida. February 24, 1971. PER CURIAM. Florida Laws, ch. 71-1(B), § 6, provides as follows: "Section 6. Section
918.015, Florida Statutes, is amended to read: "
918.015 Right to speedy trial....
CopyCited 14 times | Published | Supreme Court of Florida | 1992 WL 118713
...t this protection, which the legislature could clearly do, it chose to provide that this Court "shall, ... provide procedures through which the right to a speedy trial as guaranteed by ... s. 16, Art. I of the State Constitution, shall be realized." § 918.015(2), Fla....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 5 Media L. Rep. (BNA) 1430
1959); Perkins v. Mayo,
92 So.2d 641 (Fla. 1957); § 918.15(1), Fla. Stat. (1977); Fla.R.Crim.P. 3.210(a)(1);
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1992 WL 41471
...ught, unless the State proves beyond a reasonable doubt that the conduct supporting the separate force offense constitutes no part of the force elements (as expanded by the Royal amendment) in any robbery of which the defendant is also charged. [24] § 918.015, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...ion of powers doctrine. Both in the rule's inception and in its application, each branch of our government, the legislature, executive, and judiciary, has crossed the conceptual boundaries that separate them. In its inception, the legislature passed section 918.015(1), Florida Statutes (1982), which purported to give the accused in a criminal case a statutory right to a speedy trial, separate and apart from the constitutional speedy trial guaranteed by article I, section 16 of the Florida Constitution and amendment VI of the United States Constitution....
...to provide a speedy prosecution, so as to effectuate the accused's right to a speedy trial and the public's right to have violations of the criminal laws effectively prosecuted. The legislature should have statutorily defined this duty. Instead, by section 918.015(2), Florida Statutes, the legislature mandated that the supreme court of Florida effectuate, by court rule, the speedy trial rights enacted in section 918.015(1), as well as the speedy trial rights of the accused guaranteed in section 16 of article I of the Florida Constitution....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...an abuse of the writ. The right to a speedy trial is a fundamental right guaranteed by the Bill of Rights. U.S.Const. amend. VI. It finds its counterpart in Article I, Section 16 of the Florida Constitution. The right to speedy trial is codified in Section 918.015, Florida Statutes (1979)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...The Supreme Court promulgated Rule 3.191 as an emergency measure when the legislature enacted ch. 71-1(B), § 6, Fla.Laws, which codified the constitutional speedy trial guaranty and called for court rules by which speedy trials might be realized. Art. I, § 16, Fla. Const.; § 918.015, F.S....
CopyCited 4 times | Published | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 13084
...Session, repealed Florida Statute sections 915.01 and 915.02, reaffirmed the right of both the state and the defendant to a speedy trial, and directed the Supreme Court of Florida to issue a rule which would fully implement the right. See Fla.Stat. § 918.015, F.S.A....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...We hold this clear waiver was sufficient to waive for an indefinite period of time [2] the defendant's speedy trial rights under article I, section 16, of the Constitution of the State of Florida, under the sixth amendment of the United States Constitution, under section 918.015, Florida Statutes (1972), and under Florida Rule of Criminal Procedure 3.191....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
(1972); Brock v. State,
69 So.2d 344 (Fla. 1954); § 918.15(1), Fla. Stat. (1977); Fla.R.Crim.P. 3.210(a)(1)
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 15 Fla. L. Weekly Fed. D 762
...Franza,
427 So.2d 161, 163 (Fla. 1983) ("The purpose of the speedy trial rule is to ensure (1) the effective implementation of a defendant's constitutional right to a speedy trial, and (2) the effective and expeditious prosecution of criminal offenses."); §
918.015 Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2535259
...Without citing any authority, he contends that the decision is violative of the Separation of Powers doctrine in the Constitution of the State of Florida and of the Compact and Due Process clauses in the Constitution of the United States. Relying upon section 918.015(2), Florida Statutes (1997), he contends that the supreme court is required to provide procedures assuring that the right to a speedy is realized....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 105619
...The Supreme Court of Florida adopted concepts involved in the words employed in the speedy trial rule at the special and express direction of the legislature to implement the right to a speedy trial guaranteed by the Constitution of the State of Florida [9] ( see § 918.015(2), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 WL 320133
...Without citing any authority, he contends that the decision is violative of the Separation of Powers doctrine in the Constitution of the State of Florida and of the Compact and Due Process clauses in the Constitution of the United States. Relying upon section 918.015(2), Florida Statutes (1997), he contends that the supreme court is required to provide procedures assuring that the right to a speedy is realized....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
competency while under medication pursuant to Section 918.15(4)(a), Florida Statutes (1977). He entered
CopyPublished | Florida 3rd District Court of Appeal
...“[i]n all criminal prosecutions, the accused shall enjoy the right to a
speedy . . . trial . . . .” Amend. VI, U.S. Const. This right is further
guaranteed by article 1, section 16 of the Florida Constitution and fortified by
Florida Statute. See § 918.015(1)–(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...the accused “possesses the right to a speedy and public trial.” State v.
Nelson,
26 So. 3d 570, 574 (Fla. 2010) (citing Amend. VI, U.S. Const.; Art.
I, § 16(a), Fla. Const.). This constitutional protection is fortified by Florida
statute. See §
918.015, Fla. Stat.
The Florida Rules of Criminal Procedure provide parameters by which
the accused may exercise his or her right to speedy trial. See §
918.015(2),
Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 51, 2007 WL 5784
the charges. See Fla. R.Crim. P. 3.210(b)(1979); § 918.15(3), Fla. Stat. (1979). Period Two This period
