MICHAEL ROGERS, APPELLANT,

v.

PAUL MARKO, III, APPELLEE

Citator

Cited By (21 total)

• Viveros v. State, 699 So. 2d 822 (Fla. 4th DCA 1997)
  …rlew was put in fear of the imminent violence. Compare Pray v. State, 571 So. 2d 554 (Fla. 4th DCA 1990) (insufficient proof of assault where there was no evidence of the perceptions and feelings of the five month old victim), with McClain v. State, 383 So. 2d 1146 (Fla. 4th DCA 1980) (even absent testimony of victim regarding state of mind, inference of fear was reasonable where grocery store employees were pursuing defendant, who had taken meat from their store, when he turned around and waved a knife at the…
• Pallas v. State, 636 So. 2d 1358 (Fla. 3d DCA 1994)
  …ily induce fear in the mind of a reasonable man, then the victim may be found to be in fear, and actual fear need not be strictly and precisely shown.” Gilbert v. State, 347 So. 2d 1087, 1088 (Fla. 3d DCA 1977) (citations omitted); McClain v. State, 383 So. 2d 1146, 1147 (Fla. 4th DCA), review denied, 392 So. 2d 1376 (Fla.1980). The same principle applies to the definition of “harasses” under the stalking statute; the legislature has proscribed willful, malicious, and repeated acts of harassment which are dire…
• L.R.W. A Child v. State, 848 So. 2d 1263 (Fla. 5th DCA 2003)
  …ty and probative force of conflicting testimony should not be determined by a motion for judgment of acquittal. There is, moreover, no requirement that the victim of an assault actually testify to his or her own state of mind. See McClain v. State, 383 So. 2d 1146 (Fla. 4th DCA 1980). If the circumstances are such as would ordinarily induce fear in the mind of a reasonable person, then the victim may properly be found to have been in fear. See Gilbert v. State, 347 So. 2d 1087, 1088 (Fla. 3d DCA 1977). Here,…

Authorities Cited

• Rivello v. Cooper City, 322 So. 2d 602 (Fla. 4th DCA 1975)