DARREN ETHRIDGE, PETITIONER,

v.

FLORIDA DEPARTMENT OF REVENUE AND TRACY MOORER, RESPONDENTS

Citator

Cited By

• Jones v. State, 120 So. 3d 135 (Fla. 4th DCA 2013)
  …entral focus of the first trial. The state argues that it is not precluded from litigating the question of whether Jones possessed a firearm because it was not necessary for the jury to determine this fact in the first trial. See Ferguson v. State, 946 So. 2d 553, 554 (Fla. 4th DCA 2006) (holding that a possession of a fire [*139] arm charge was not precluded where the jury did not have to decide the possession issue in finding the defendant not guilty of attempted first-degree murder in the first trial). H…
• Estevez v. State, 127 So. 3d 635 (Fla. 4th DCA 2013)
  …hat Diaz did not commit, aid, or abet in the intentional act of shooting at Koh. Accordingly, the trial court properly concluded that Diaz could not foreclose the escape issue from the jury’s consideration in the second trial. See Ferguson v. State, 946 So. 2d 553, 554 (Fla. 4th DCA 2006) (“[Collateral estoppel does not apply if the verdict could be grounded upon an issue other than that which the defendant seeks to foreclose from consideration.” (citation and quotation marks omitted)). Codefendant’s Testimo…
• Jackson v. State, 183 So. 3d 1211 (Fla. 1st DCA 2016)
  …cessarily determined by the jury. “The jury’s decision to acquit the defendant could have been grounded on an issue other than whether the defendant possessed a firearm during the incident.” Id. at 309. Similarly, the decision in Ferguson v. State, 946 So. 2d 553 (Fla. 4th DCA 2006), also supports the prosecution of Petitioner in the instant ease. In Ferguson, a defendant was acquitted of attempted first degree murder. According to the reviewing court, defendant claimed the shooting was an accident; the fire…

Authorities Cited

• Moore v. Corr. Med. Servs., 817 So. 2d 963 (Fla. 1st DCA 2002)