AMERICAN AIRLINES, INC.

v.

WOLENS ET AL.

Citator

Cited By (11 total)

• Woods v. State, 733 So. 2d 980 (Fla. 1999)
  …Fla. Stat. (1995). Under the state of mind exception, the out-of-court statements by the declarant may not be used to prove the state of mind or motive of the defendant. See Hodges v. State, 595 So. 2d 929, 931-32 (Fla.), vacated on other grounds, 506 U.S. 803, 113 S.Ct. 33, 121 L.Ed.2d 6 (1992); Downs v. State, 574 So. 2d 1095, 1098 (Fla.1991); Charles W. Ehrhardt, Florida Evidence § 803.3a, at 649 (1998 ed.). As Woods correctly points out, under section 90.803(3)(a)l., a homicide victim’s state of min…
• Lugo v. State, 845 So. 2d 74 (Fla. 2003)
  …rd to workout, to do whatever he wants to do. Same thing he’s been doing for three years. He deserves a punishment that’s different, that fits the crime. Lugo primarily relies on Hodges v. State, 595 So. 2d 929 (Fla.1992), vacated on other grounds, 506 U.S. 803, 113 S.Ct. 33, 121 L.Ed.2d 6 (1992), for his contention that the above remarks constitute fundamental error. In Hodges, the prosecutor presented an argument similar to the one employed in the instant case, to which no contemporaneous objection was m…
• Archer v. State, 673 So. 2d 17 (Fla. 1996)
  …ial judge found two aggravating circumstances (victim was a law enforcement officer and CCP) and several nonstatutory mitigating circumstances. We do not fault the trial judge for giving the standard CCP instruction in this case. Hodges [v. Florida, 506 U.S. 803, 113 S.Ct. 33, 121 L.Ed.2d 6] was not decided by the Supreme Court until October 5, 1992. The sentence here was imposed by the trial judge on February 21, 1992. Yet, we cannot say beyond a reasonable doubt that the invalid CCP instruction did not af…