CATERPILLAR INC.

v.

INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, ET AL.

Citator

Cited By (11 total)

• Downs v. State, 740 So. 2d 506 (Fla. 1999)
  …n different. Melendez v. State, 718 So. 2d 746, 748 (Fla.1998) (quoting Hegwood v. State, 575 So. 2d 170, 172 (Fla.1991)); see also Rivera v. State, 717 So. 2d 477, 483 (Fla.1998); Jones v. State, 709 So. 2d 512, 519 (Fla.), cert. denied, — U.S. -, 118 S.Ct. 1350, 140 L.Ed.2d 499 (1998). Downs has not satisfied any of the four prongs of this analysis. First, as noted above, both Downs and his attorney were aware of Harris’s alleged banking activities and of Haimowitz’ possible involvement in the murder as t…
• Lightbourne v. State, 742 So. 2d 238 (Fla. 1999)
  …ok at the total picture of all the evidence when making its decision. When rendering the order on review, the trial court did not have the benefit of our recent decision in Jones v. State, 709 So. 2d 512, 521-22 (Fla.), cert. denied, 523 U.S. 1040, 118 S.Ct. 1350, 140 L.Ed.2d 499 (1998), where we explained that when a prior evidentiary hearing has been conducted, “the trial court is required to ‘consider all newly discovered evidence which would be admissible’ at trial and then evaluate the ‘weight of both t…
• Stephens v. State, 829 So. 2d 945 (Fla. 1st DCA 2002)
  …facts in the report at the time of trial through the exercise of due diligence, and must be such that it would probably produce an acquittal on retrial. See Jones v. State, 709 So. 2d 512, 521 (Fla.1998), cert. denied, Jones v. State, 523 U.S. 1040, 118 S.Ct. 1350, 140 L.Ed.2d 499 (1998). These determinations require an evidentiary hearing in the context of recantations, unless the affidavit is inherently incredible or obviously immaterial to the verdict. See Robinson v. State, 736 So. 2d 93 (Fla. 4th DCA 199…