JANA, INC.

v.

UNITED STATES

Citator

Cited By

• Mungin v. State, 689 So. 2d 1026 (Fla. 1995)
  …der conviction. Because it is impossible to determine which of the two theories the jury accepted, remand for retrial on the charges of attempted premeditated murder is required. See United States v. Garcia, 938 F. 2d 12 (2d Cir.1991), cert. denied, 502 U.S. 1030, 112 S.Ct. 868, 116 L.Ed.2d 774 (1992); see also Lamb v. State, 668 So. 2d 666 (Fla. 2d DCA 1996); Humphries v. State, 676 So. 2d 1 (Fla. 5th DCA 1995); Thompson v. State, 667 So. 2d 470 (Fla. 3d DCA 1996); Tape v. State, 661 So. 2d 1287 (Fla. 4th D…
• Allen v. State, 676 So. 2d 491 (Fla. 5th DCA 1996)
  …der conviction. Because it is impossible to determine which of the two theories the jury accepted, remand for retrial on the charges of attempted premeditated murder is required. See United States v. Garcia, 938 F. 2d 12 (2d Cir.1991), cert. denied, 502 U.S. 1030, 112 S.Ct. 868, 116 L.Ed.2d 774 (1992); see also Lamb v. State, 668 So. 2d 666 (Fla. 2d DCA 1996); Humphries v. State, 676 So. 2d 1 (Fla. 5th DCA 1995); Thompson v. State, 667 So. 2d 470 (Fla. 3d DCA 1996); Tape v. State, 661 So. 2d 1287 (Fla. 4th D…
• Baldwin v. Johnson, 152 F.3d 1304 (11th Cir. 1998)
  …— failed to establish an entitlement to a change of venue and thus no reasonable probability existed that, “but for the absence of a properly supported motion for a change of venue, the outcome of his trial would have been different”), cert. denied, 502 U.S. 1030, 112 S.Ct. 868, 116 L.Ed.2d 774 (1992). The fact that a case generates widespread publicity does not, in and of itself, warrant a change of venue. See, e.g., Waldrop v. State, 459 So. 2d 953, 955 (Ala.Crim.App.1983) (“Publicity alone, even if inor…