STATE OF FLORIDA, PETITIONER,
v.
LESTER LEWIS GIBSON, RESPONDENT
STATE OF FLORIDA, PETITIONER,
LESTER LEWIS GIBSON, RESPONDENT
585 So. 2d 285
Florida Supreme Court (1991)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We have for review Gibson v. State, 568 So. 2d 977 (Fla. 1st DCA 1990), based on express and direct conflict with State v. Smith, 573 So. 2d 306 (Fla.1990). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The opinion below is quashed, and this cause is remanded for reconsideration in light of Smith. The other issue raised by the parties is beyond the scope of the conflict, and we will not address it here.
It is so ordered.
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Winter Haven v. Allen, 589 So. 2d 968 (Fla. 2d DCA 1991)…sue that inheres within the verdict, we conclude that the juror’s disclosure of the prior verdict and its significance to the jury’s verdict is an “overt prejudicial act” as described in Maler and that it authorizes a new trial. Cf. State v. Gibson, 585 So. 2d 285 (Fla.1991) (second jury for death penalty phase need not be “polled” concerning their use of the knowledge of the prior death penalty sentence). The trial court also granted a new trial because it “erroneously” gave a jury instruction on justifiabl…
Authorities Cited
- State v. Smith, 573 So. 2d 306 (Fla. 1990)
- Gibson v. State, 568 So. 2d 977 (Fla. 1st DCA 1990)