MANUEL VELA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MANUEL VELA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
396 So. 2d 267
Florida District Court of Appeal, Third District (1981)
Negative Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
We reverse appellant’s second-degree murder conviction on the ground that both the pattern and content of the prosecutor’s questioning, as well as portions of her closing argument, impermissibly prejudiced appellant’s right to a fair trial. Peterson v. State, 376 So. 2d 1230 (Fla. 4th DCA 1979), cert. denied, 386 So. 2d 642 (Fla.1980); Sims v. State, 371 So. 2d 211 (Fla. 3d DCA 1979); Porter v. State, 347 So. 2d 449 (Fla. 3d DCA 1977), after remand, 386 So. 2d 1209 (Fla. 3d DCA 1980). Our ruling makes it unnecessary to consider the other grounds for reversal raised by appellant.
Reversed and remanded for new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Askari Abdullah Muhammad v. State, 494 So. 2d 969 (Fla. 1986)…e proffer indicates Muhammad suffered mental problems, but one need not be mentally healthy to be competent to stand trial. Nothing in the record available to Judge Carlisle dispositively demonstrates Muhammad was incompetent. See Williams v. State, 396 So. 2d 267 (Fla. 3d DCA), review denied, 407 So. 2d 1107 (Fla.1981) (probability that defendant was “more likely than not” incompetent at time of trial insufficient grounds to order new trial). Muhammad’s pleadings and behavior both before and after the determ…
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Holmes v. State, 494 So. 2d 230 (Fla. 3d DCA 1986)…etence.3 Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975); Lane v. State, 388 So. 2d 1022 (Fla.1980). Thus, if during trial the evidence raises a “bona fide and reasonable doubt” as to defendant’s capacity, see Williams v. State, 396 So. 2d 267 (Fla. 3d DCA), review denied, 407 So. 2d 1107 (Fla.1981), it is incumbent upon the trial court to conduct another competency proceeding. In the case before us, Holmes admitted stabbing Walker, but asserted self-defense as one of his defenses. Defen…
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Gonzalez v. State, 588 So. 2d 314 (Fla. 3d DCA 1991)…tally unfair. In the interests of justice, we think a new trial is absolutely required. See Jenkins v. State, 563 So. 2d 791 (Fla. 1st DCA 1990); Jones v. State, 449 So. 2d 313 (Fla. 5th DCA), rev. denied, 456 So. 2d 1182 (Fla. 1984); Vela v. State, 396 So. 2d 267 (Fla. 3d DCA 1981); Peterson v. State, 376 So. 2d 1230 (Fla. 4th DCA 1979), cert. denied, 386 So. 2d 642 (Fla.1980). Reversed and remanded. . The prosecuting attorney’s entire cross examination of the defendant was as follows: "MS. PARR: [prosecu…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- R.G.B. v. State, 376 So. 2d 1230 (Fla. 2d DCA 1979)
- Burkhead v. Dade Cnty. Bd. OF Pub. Instruction, 376 So. 2d 1230 (Fla. 3d DCA 1979)
- Porter v. State, 386 So. 2d 1209 (Fla. 3d DCA 1980)
- Porter v. State, 347 So. 2d 449 (Fla. 3d DCA 1977)
- Sims v. State, 371 So. 2d 211 (Fla. 3d DCA 1979)