STATE v. ROBERTS, 126 So.3d 258 (2009)
Court: Court of Appeals of Florida
Number: inflco20091223312
Visitors: 8
Filed: Dec. 23, 2009
Latest Update: Dec. 23, 2009
Summary: ORDER OF TRANSFER SHEPHERD, J. This case is before us on the State's Petition for Certiorari seeking review of an order of the Miami-Dade Circuit Court denying its motion to disqualify defense counsel. As the Florida Supreme Court has made clear its appellate jurisdiction over death penalty cases includes not just exclusive jurisdiction to review all collateral proceedings that develop in those actions, but extends as well to collateral proceedings in cases such as this, where the Court has
Summary: ORDER OF TRANSFER SHEPHERD, J. This case is before us on the State's Petition for Certiorari seeking review of an order of the Miami-Dade Circuit Court denying its motion to disqualify defense counsel. As the Florida Supreme Court has made clear its appellate jurisdiction over death penalty cases includes not just exclusive jurisdiction to review all collateral proceedings that develop in those actions, but extends as well to collateral proceedings in cases such as this, where the Court has v..
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ORDER OF TRANSFER
SHEPHERD, J.
This case is before us on the State's Petition for Certiorari seeking review of an order of the Miami-Dade Circuit Court denying its motion to disqualify defense counsel.
As the Florida Supreme Court has made clear its appellate jurisdiction over death penalty cases includes not just exclusive jurisdiction to review all collateral proceedings that develop in those actions, but extends as well to collateral proceedings in cases such as this, where the Court has vacated a death sentence and remanded for further proceedings, see Roberts v. State, 840 So.2d 962, 973 (Fla.2002), we order this case to be transferred to the Florida Supreme Court for further proceedings. See Fla. R.App. P. 9.040(b)(1); State v. Fourth Dist. Ct.App., 697 So.2d 70, 71 (Fla.1997).
SO ORDERED.
Source: Leagle
