ROGERS

v.

TRIGG, SUPERINTENDENT, INDIANA WOMEN'S PRISON, ET AL.

Citator

Cited By (24 total)

• State v. Batraville Vincent Delva, 575 So. 2d 643 (Fla. 1991)
  …struction on elements of robbery, but facts of robberies conceded with mistaken identity being the only contested issue), review denied, 467 So. 2d 1000 (Fla.1985); Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981) (same as Morton), cert. denied, 459 U.S. 1149, 103 S.Ct. 793, 74 L.Ed.2d 998 (1983). In the instant case, a package of cocaine was discovered under the front seat of the car Delva was driving. What officers identified as a cocaine pricing list was found in Delva’s wallet. Delva’s defense was t…

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• Morton v. State, 459 So. 2d 322 (Fla. 3d DCA 1984)
  …ibson v. State, 403 So. 2d 1019 (Fla. 3d DCA 1981), rev. denied, 436 So. 2d 32 (Fla.1983); McMurtroy v. State, 400 So. 2d 547 (Fla. 3d DCA), rev. denied, 408 So. 2d 1094 (Fla.1981); Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981), cert. denied, 459 U.S. 1149, 103 S.Ct. 793, 74 L.Ed.2d 998 (1983). Although the rule has been employed in the above-cited cases to defeat the claim of fundamental error where there has been a failure to instruct the jury on a single undisputed and thus immaterial element of th…

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• Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988)
  …(Fla. 1st DCA 1960) (failure to adequately instruct on defense of justifiable homicide fundamental error); cf. Rodriguez, 396 So. 2d at 800. See generally Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981), and cases cited at 544-45, cert. denied, 459 U.S. 1149, 103 S.Ct. 793, 74 L.Ed.2d 998 (1983). Accordingly, the judgment under review is reversed. For the reason stated in note [*185] 1,the time for rehearing is reduced to three days. . This result does not particularly help Mr. Thomas since he was sen…