924.38
When removal shall be allowed on new trial.
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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.
History.—s. 314, ch. 19554, 1939; CGL 1940 Supp. 8663(327); s. 164, ch. 70-339.
Notes of Decisions
Cited in 4
cases, 1981–2000 · leading case: State v. Gary
State v. Gary (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 (2000)
“051(7) must be read in conjunction with section 924.38 and State v. DiGuilio, 491 So.”
Heggs v. State (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 (1996)
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