Florida Statutes
Fla. Stat. § 924.38 (2025)
When removal shall be allowed on new trial.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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924.38 When removal shall be allowed on new trial.—When the appellate court orders a new trial, it shall be held in the court from which the appeal was taken unless the appellate court determines that the trial court improperly denied the defendant’s application for removal of the original trial. If the appellate court determines that removal is proper, it shall designate the court for the new trial.
Notes of Decisions
Cited in 4
cases, 1981–2000 · leading case: State v. Gary, 609 So. 2d 1291 (Fla. 1992).
State v. Gary, 609 So. 2d 1291 (Fla. 1992). “[2] Section 924.38 of the Florida Statutes (1991) provides that if an appellate court determines that the trial court improperly denied a change of venue motion and removal is proper, the appellate court shall designate the court for the new trial.”
Williams v. State, 749 So. 2d 587 (Fla. 5th DCA 2000). “051(7) must be read in conjunction with section 924.38 and State v. DiGuilio, 491 So.”
Heggs v. State, 397 So. 2d 369 (Fla. 5th DCA 1981). “After an examination of all the appeal papers and *370 the entire case it appears to us that the error complained of did not injuriously affect the substantial rights of the appellant (§ 924.38, Fla.Stat. (1979)) and resulted in no miscarriage of justice (§ 59.”
Diaz v. State, 668 So. 2d 333 (Fla. 3d DCA 1996).
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