Florida Statute 924.38 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

View Entire Chapter

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.

F.S. 924.38 on Google Scholar

F.S. 924.38 on CourtListener

Amendments to 924.38

Annotations, Discussions, Cases:

Cases Citing Statute 924.38

Total Results: 3

State v. Gary

609 So. 2d 1291, 1992 WL 348339

Supreme Court of Florida | Filed: Nov 19, 1992 | Docket: 1473951

Cited 5 times | Published

and 3(b)(8) of the Florida Constitution. [2] Section 924.38 of the Florida Statutes (1991) provides that

Williams v. State

749 So. 2d 587, 2000 Fla. App. LEXIS 722, 2000 WL 85268

District Court of Appeal of Florida | Filed: Jan 28, 2000 | Docket: 64794222

Published

924.051(7) must be read in conjunction with section 924.38 and State v. DiGuilio, 491 So.2d 1129 (Fla

Diaz v. State

668 So. 2d 333, 1996 Fla. App. LEXIS 1577, 1996 WL 72291

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 64762479

Published

PER CURIAM. Affirmed. § 924.38, Fla.Stat. (1995.)

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.