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Blake v. State4/16/2002
n whose autopsy he observes. Without addressing whether Appellant has standing to raise this argument, we recognize that the family has legal interests in the decedent's body, and therefore instruct the trial court to consider these interests upon resentencing. See Crocker v. Pleasant, 778 So. 2d 978 (Fla. 2001)(holding that Florida recognizes a claim of entitlement by the next of kin to possession of the remains of a decedent, therefore the next of kin may bring a § 1983 claim arising from alleged deprivation of procedural due process); § 406.135, Fla. Stat. (2001)(restricting access to autopsy photographs, video, and audio recordings).
REVERSED and REMANDED for resentencing.
WEBSTER and LEWIS, JJ., CONCUR.
Page 1 2 Florida DUI Attorneys
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