The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 924
CRIMINAL APPEALS AND COLLATERAL REVIEW

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F.S. 924.38

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 Casetext

Amendments to 924.38

Arrestable Offenses / Crimes under Fla. Stat. 924.38

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 924.38.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WILLIAMS, v. STATE, 749 So. 2d 587 (Fla. Dist. Ct. App. 2000)

. . . Fla. 5th DCA 1998), this court held that section 924.051(7) must be read in conjunction with section 924.38 . . .

DIAZ, v. STATE, 668 So. 2d 333 (Fla. Dist. Ct. App. 1996)

. . . . § 924.38, Fla.Stat. (1995.) . . .

STATE v. L. GARY,, 609 So. 2d 1291 (Fla. 1992)

. . . Section 924.38 of the Florida Statutes (1991) provides that if an appellate court determines that the . . .

HEGGS, a k a v. STATE, 397 So. 2d 369 (Fla. Dist. Ct. App. 1981)

. . . that the error complained of did not injuriously affect the substantial rights of the appellant (§ 924.38 . . .

Co. v., 43 B.T.A. 426 (B.T.A. 1941)

. . . In 1936 net profits exceeded dividends and other items paid by $924.38. . . .