Bucolo v. Adkins, 424 U.S. 641 (1976)

Bucolo v. Adkins


No. 75-369


Decided March 8, 1976
424 U.S. 641

ON MOTION FOR LEAVE TO FILE PETITION
FOR WRIT OF MANDAMUS

Syllabus

Where further proceedings pursuant to an information charging petitioners with violating Florida’s obscenity statute were foreclosed by this Court’s judgment summarily reversing the Florida Supreme Court’s affirmance of petitioners’ convictions, the latter court, by remanding the case to the trial court for further proceedings, failed to effectuate this Court’s judgment, and its failure to do so was not cured by the intervening exercise of prosecutorial discretion in nolle prossing the charges. Accordingly, petitioners’ motion for leave to file a petition to mandamus the Florida Supreme Court to conform its decision to this Court’s mandate is granted.

See 316 So.2d 551