CAR EXCHANGE, INC., APPELLANT,

v.

ALLSTATE INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Jackson v. State, 983 So. 2d 562 (Fla. 2008)
  …a denial of counsel for only part of the sentencing — in fact, only part of the victim impact testimony itself. We have not considered whether the temporary absence of counsel, ie., a partial deprivation, is fundamental error. But see Diaz v. State, 435 So. 2d 911, 912 (Fla. 4th DCA 1983) (rejecting a claim that fundamental error occurred where counsel was absent during an Allen6 charge). However, both we and other courts have analyzed partial deprivations under a harmless error standard. See, e.g., Thompson…
• Kight v. State, 512 So. 2d 922 (Fla. 1987)
  …to discuss their deliberations during the recess was highly improper. However, we find that the subsequent voir dire as conducted by the trial court was adequate to ensure appellant’s right to an impartial sentencing jury. See, e.g., Diaz v. State, 435 So. 2d 911 (Fla. 4th DCA 1983). Moreover, Juror Perry, the only Juror who discussed his feelings about the death penalty, was later discharged from further service for unrelated reasons, over defense objections. Although we find that a new sentencing hearing…
• Livingston v. State, 458 So. 2d 235 (Fla. 1984)
  …ut admonitions, it was held that the trial court was required to examine the jurors the following day to inquire into their conduct during their absence and as to the possible influence of exposure to media coverage and other matters. Diaz v. State, 435 So. 2d 911 (Fla. 4th DCA 1983). Where the jury has not been sequestered during trial, the judge has the discretion to allow the jury to separate after the taking of all the evidence and the giving of instructions and before they begin deliberating. Fla.R.Crim…

Authorities Cited

• Carlsen v. Coradino Rivera, 382 So. 2d 825 (Fla. 4th DCA 1980)