From Casetext: Smarter Legal Research

Paige v. State

District Court of Appeal of Florida, Second District
Nov 5, 1969
227 So. 2d 727 (Fla. Dist. Ct. App. 1969)

Opinion

No. 68-65.

November 5, 1969.

Appeal from the Circuit Court, Polk County, William K. Love, J.

R. Philip Haddock, Lakeland, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Michael N. Kavouklis, Asst. Atty. Gen., Lakeland, for appellee.


The sole question in this case is whether the mandate of the United States Supreme Court in United States v. Wade, relating to a lineup identification as it may affect the in-court identification, is applicable. The lineup herein occurred on the twentieth day of February, 1967 and the decision in Wade, supra, was handed down on June 12, 1967. The trial hereof occurred thereafter. Under the chronology above, the case is controlled by Stovall v. Denno, decided on the same day as Wade, in which the United States Supreme Court expressly held that Wade affects "* * * only * * * cases which involve confrontations for identification purposes conducted in the absence of counsel after this date". [Italics supplied] See also, Hatten v. State.

Id. at 388 U.S. 296, 87 S.Ct. 1969, 18 L.Ed.2d 1203.

(Fla.App.4th 1969), 217 So.2d 594.

Accordingly, Wade is inapplicable to this case and the judgment and sentence appealed from must be, and it is hereby, affirmed.

Affirmed.

PIERCE, Acting C.J., and MANN, J., concur.


Summaries of

Paige v. State

District Court of Appeal of Florida, Second District
Nov 5, 1969
227 So. 2d 727 (Fla. Dist. Ct. App. 1969)
Case details for

Paige v. State

Case Details

Full title:NAMON D. PAIGE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Nov 5, 1969

Citations

227 So. 2d 727 (Fla. Dist. Ct. App. 1969)

Citing Cases

Paige v. State

Following the trial the judge sentenced appellant to life imprisonment. He filed notice of appeal and this…