ELVIE CLARENCE MARTIN, JR., PETITIONER,

v.

NANCY LEE MARTIN N/K/A NANCY LEE HENDERSON, RESPONDENT

Citator

Cited By

• Gregory v. State, 937 So. 2d 180 (Fla. 4th DCA 2006)
  …ak or flimsy. Wright v. State, 705 So. 2d 102, 104 (Fla. 4th DCA 1998); Smith v. State, 424 So. 2d 726 (Fla.1982); Brozey v. State, 911 So. 2d 867, 868 (Fla. 2d DCA 2005); Cartegena v. State, 909 So. 2d 414, 415 (Fla. 5th DCA 2005); Upshaw v. State, 871 So. 2d 1015, 1017 (Fla. 2d DCA 2004) (quoting Arthur v. State, 717 So. 2d 193, 194 (Fla. 5th DCA 1998)); Garramone v. State, 636 So. 2d 869 (Fla. 4th DCA 1994); Simon v. State, 589 So. 2d 381, 382 (Fla. 4th DCA 1991); Deveaugh v. State, 575 So. 2d 1373, 1374 (F…
• Santiago v. State, 88 So. 3d 1020 (Fla. 2d DCA 2012)
  …d for further proceedings. Generally, a defendant is entitled to have a jury consider his or her theory of defense as long as there is any evidence to support that theory. See, e.g., Bryant v. State, 412 So. 2d 347, 350 (Fla.1982); Upshaw v. State, 871 So. 2d 1015, 1017 (Fla. 2d DCA 2004) (noting that “[a] defendant is entitled to an instruction on his theory of defense ‘however flimsy the evidence is which supports that theory” (quoting Arthur v. State, 717 So. 2d 193, 194 (Fla. 5th DCA 1998))). However, the…
• Brozey v. State, 911 So. 2d 867 (Fla. 2d DCA 2005)
  …thhold a jury instruction. Petrucelli v. State, 855 So. 2d 150, 154-55 (Fla. 2d DCA 2003). A criminal defendant is entitled to have the jury instructed on his or her theory of defense if there is any evidence to support this theory. Upshaw v. State, 871 So. 2d 1015, 1017 (Fla. 2d DCA 2004) (holding criminal defendant entitled to instruction on defense however “flimsy” the evidence or however weak or improbable the testimony); Worley v. State, 848 So. 2d 491, 492 (Fla. 5th DCA 2003). The trial court abused its…