ALDRIDGE

v.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

Citator

Cited By

• Barnes v. State, 743 So. 2d 1105 (Fla. 4th DCA 1999)
  …rtant right under our system, the right to the ‘essential fairness of [his] criminal trial.’ ” Cochran v. State, 711 So. 2d 1159, 1163 (Fla. 4th DCA 1998) (citations omitted); see also Rhodes v. State, 547 So. 2d 1201, 1206 (Fla.1989), cert. denied, 513 U.S. 1046, 115 S.Ct. 642, 130 L.Ed.2d 547 (1994); Knight v. State, 672 So. 2d 590, 591 (Fla. 4th DCA 1996); Tuff v. State, 509 So. 2d 953, 955-56 (Fla. 4th DCA 1987); Peterson v. State, 376 So. 2d 1230, 1234 (Fla. 4th DCA 1979), cert. denied, 386 So. 2d 642 (…
• Valentine v. State, 774 So. 2d 934 (Fla. 5th DCA 2001)
  …en instructions by striking through those words and sending the corrected written instruction to the jury. The defense did not object to this procedure and thus waived the error, if any. See Rhodes v. State, 638 So. 2d 920, 926 (Fla.), cert. denied, 513 U.S. 1046, 115 S.Ct. 642, 130 L.Ed.2d 547 (1994). Further, in my view, the oral instruction in this case is distinguishable from other cases relied upon by the defense to establish fundamental error. In all of those cases no corrected written instruction was…
• Rhodes v. State, 234 So. 3d 554 (Fla. 2018)
  …Rhodes is not entitled to relief. Rhodes was sentenced to death following a jury’s recommendation for death by a vote of ten to two. Rhodes v. State, 638 So. 2d 920, 923 (Fla. 1994). Rhodes’ sentence of death became final in 1994. Rhodes v. Florida, 513 U.S. 1046, 115 S.Ct. 642, 130 L.Ed.2d 547 (1994). Thus, Hurst does not apply retroactively to Rhodes’ sentence of death. See Hitchcock, 226 So. 3d at 217. Accordingly, we affirm the denial of Rhodes’ motion. The Court having carefully considered all argument…