SICILIANO ET AL.

v.

NEW YORK

Citator

Cited By (18 total)

• Brackin v. Boles, 452 So. 2d 540 (Fla. 1984)
  …e United States Supreme Court decisions and has held that there is no state constitutional prohibition against the admissibility of blood tests taken without the consent of the subject party. Filmon v. State, 336 So. 2d 586 (Fla.1976), cert. denied, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977). This Court has also determined that blood alcohol tests are admissible when an accident investigation can be separated into an accident report phase and a criminal investigation phase. In Coffey and in Fil-mon…
• Grala v. State, 414 So. 2d 621 (Fla. 3d DCA 1982)
  …acture, had watery, bloodshot eyes with dilated pupils, appeared pale and had slurred speech. Such evidence of intoxication is properly considered as bearing on proof of recklessness. See Filmon v. State, 336 So. 2d 586 (Fla.1976), appeal dismissed, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977), and cases cited. We conclude that the totality of the circumstances was sufficient to demonstrate that a death occurred, that the death resulted from the operation of a vehicle in a reckless manner by the defen…
• Logan v. State, 592 So. 2d 295 (Fla. 5th DCA 1991)
  …dmissible in evidence under an instruction to the jury that if they find the evidence shows a party violated the traffic ordinance, then that finding is some evidence of negligence. [*299] In Filmon v. State, 336 So. 2d 586 (Fla.1976), cert. denied, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375, reh. denied, 431 U.S. 960, 97 S.Ct. 2689, 53 L.Ed.2d 279 (1977), the supreme court explained that the key to determining culpable negligence in cases involving operation of a motor vehicle is the “totality of circumst…