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403 So. 3d 1026·
Fla. 1st DCA·
2024-12-18
·cited 2×
The trial court properly denied the defendant's motion for judgment of acquittal because the State presented sufficient evidence of each element of sexual battery on a helpless person, including the victim's unconsciousness and lack of consent, through direct evidence and reasona
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276 So. 3d 121·
Fla. 2d DCA·
2019-07-19
·cited 2×
A postconviction court may not summarily deny a Rule 3.850 ineffective assistance claim without attaching record materials that conclusively show the defendant is entitled to no relief; here, the court's order lacked the transcript of the prosecutor's comments, the jail call reco
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988 So. 2d 60·
Fla. 1st DCA·
2008-07-11
·cited 2×
Appellant challenges summary judgment in a negligence case arising from a single-vehicle fatal accident at a construction intersection. The court reversed, holding that conflicting evidence regarding stop sign placement and visibility created genuine issues of material fact that
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769 So. 2d 418·
Fla. 5th DCA·
2000-09-08
·cited 2×
A bus driver's ordinary operational movements, without evidence of negligent commission or omission, do not support liability for a passenger's fall. A sudden or abrupt movement of a bus is not negligent absent evidence of some act by the driver that violates the carrier's duty o
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250 So. 2d 6·
Fla.·
1971-06-16
·cited 2×
Buck petitioned for certiorari to review a District Court decision that reversed a jury verdict and granted a new trial on the issue of damages in a negligence case. The Florida Supreme Court held that conflicting facts and inferences regarding a traffic collision should have bee
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226 So. 2d 463·
Fla. 4th DCA·
1969-09-24
·cited 2×
The trial court erred in directing a verdict for the defendant because there was sufficient evidence to create a jury question regarding improper maintenance of the floor.
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63 Fla. 88·
Fla.·
1912-01-01
·cited 2×
Preston Bird sued Jefferson County for damages to a hired mule allegedly caused by the county's failure to water it as agreed. The trial court sustained the defendant's demurrer to the evidence after Bird's case-in-chief, rendering judgment for the county. The Florida Supreme Cou
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326 So. 3d 826·
Fla. 1st DCA·
2021-09-29
·cited 1×
Trial counsel's advice not to testify was a reasonable strategic decision made after thoughtful consideration and did not constitute ineffective assistance. Counsel's failure to present cellphone records, call a forensic analyst, or impeach the victim with prior inconsistent stat
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326 So. 3d 656·
Fla.·
2021-09-09
·cited 1×
Johnathan Alcegaire was convicted of three counts of first-degree murder, attempted first-degree murder, burglary, conspiracy, robbery, and evidence tampering in connection with a 2016 triple homicide in Lakeland, Florida. He was sentenced to death for the three murders. On direc
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199 So. 3d 1113·
Fla. 5th DCA·
2016-09-09
·cited 1×
Philip Cappello was convicted of burglary and robbery after entering a 7-Eleven and demanding money at gunpoint. The court reversed the burglary conviction because the store was open to the public and Cappello never entered or reached into any restricted area, while affirming the
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161 So. 3d 486·
Fla. 5th DCA·
2014-07-03
·cited 1×
Hang Thu Hguyen d/b/a Millenia Day Spa appeals a trial court's order granting Wigley's motion for a new trial based on allegedly improper closing arguments by defense counsel. The appellate court reverses, finding no fundamental error and determining the trial court abused its di
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242 So. 2d 194·
Fla. 2d DCA·
1970-12-16
·cited 1×
Mid-States Insurance Company appeals a judgment for an insured's collision loss claim, arguing the insurance policy was cancelled. The trial court found the insurer failed to provide proper notice of cancellation and entered judgment for the insured, which the appellate court aff
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Fla. 1st DCA·
2026-05-15
A motion to dismiss in a dependency case is analogous to a directed verdict and is proper only when no reasonable inferences from the evidence could support the moving party's position; the trial court must view all evidence and reasonable inferences in the light most favorable t
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Fla. 5th DCA·
2024-01-19
A trial court does not abuse its discretion in denying a motion for new trial when opposing counsel's closing argument remarks, though potentially misleading, are isolated and not so highly prejudicial and inflammatory as to deprive the moving party of a fair trial.
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Fla. 5th DCA·
2023-11-09
Isolated comments made by counsel during closing argument, even if misleading, do not warrant a new trial unless they are so highly prejudicial and inflammatory that they deprive the opposing party of a fair trial. The trial court's denial of a motion for new trial based on such
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Fla. 2d DCA·
2023-05-24
This case involves an appeal from the denial of a post-conviction motion. The appellate court affirmed most of the denial but reversed one claim regarding ineffective assistance of counsel for failing to object to prosecutorial statements during closing arguments.
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Fla. 1st DCA·
2020-03-12
The appellate court affirmed the conviction of second-degree murder and possession of a firearm by a felon. The appellant argued that the trial court erred in several rulings, including admitting evidence, denying a motion for acquittal, jury instructions, and prosecutorial misco
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88 So. 3d 238·
Fla. 3d DCA·
2011-10-19
M.S., a juvenile, appeals a withhold of adjudication for battery and probation sentence, arguing the trial court abused its discretion by prohibiting her from arguing self-defense during closing arguments. The appellate court affirms, finding no reasonable evidentiary basis for a
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988 So. 2d 61·
Fla. 1st DCA·
2008-07-11
The appellate court reversed a summary judgment in a negligence case arising from a single-vehicle fatal accident at a construction site. The court held that evidence regarding a broken and improperly positioned stop sign created genuine disputes of material fact that precluded s
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986 F.2d 1237·
8th Cir.·
1993-03-02
The court held that the jury instructions, when viewed as a whole, adequately conveyed the legal standard for prisoner protection, and that sufficient evidence supported the jury's verdicts.
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470 F.2d 681·
3d Cir.·
1972-12-12
The court held that the prosecutor's remarks during summation, while of doubtful propriety, were within the bounds of reasonable inference from the evidence and did not constitute reversible error, especially in light of the hard-fought nature of the trial and the lack of objecti
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444 F.2d 78·
10th Cir.·
1971-06-22
The court held that the co-defendant's testimony was admissible and that sufficient evidence existed to support the convictions, even without that testimony.
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141 So. 2d 791·
Fla. 2d DCA·
1962-04-27
In a negligence case arising from a motorcycle-automobile collision, the trial court erred in setting aside a jury verdict and entering judgment for the defendant on the ground that the plaintiff was guilty of contributory negligence as a matter of law. The appellate court revers
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262 F.2d 289·
7th Cir.·
1959-01-12
The court held that the plaintiffs failed, as a matter of law, to demonstrate they exercised the requisite due care and caution for their own safety, and thus could not recover for their injuries.