JOHN LEE CAVAELLO A/K/A ROBERT P. CAVALLO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Butler v. State, 493 So. 2d 451 (Fla. 1986)
  …even if the defendant’s testimony was true, he should still be convicted because the victim had a right to be armed and consequently the defendant had no right to claim self-defense. The posture of this case is identical to that of Harvey v. State, 448 So. 2d 578 (Fla. 5th DCA 1984), in which the court held that the trial judge’s misleading instruction combined with the prosecutor’s repeated misstatements of law resulted in jury confusion and reversible error. Accordingly, we quash the decision of the distr…
• Richards v. State, 738 So. 2d 415 (Fla. 2d DCA 1999)
  …Richards. The combination of the doctor’s testimony and the State’s closing argument served to create a reasonable probability that the jury could have been confused or misled in the ab [*420] sence of the requested instruction. See Harvey v. State, 448 So. 2d 578 (Fla. 5th DCA 1984); Carter v. State, 469 So. 2d 194 (Fla. 2d DCA 1985); Ruiz v. Cold Storage & Insulation Contractors, Inc., 306 So. 2d 153 (Fla. 2d DCA 1975). We emphasize that we are not holding that an instruction defining vagina is required in…
• Quaggin v. State, 752 So. 2d 19 (Fla. 5th DCA 2000)
  …osecutor can ridicule a defense so presented, denigrate the accused for his temerity in raising the issue, and misstate the law in contradiction of the judge’s instructions, as the prosecutor in this case did.”) (citations omitted); Harvey v. State, 448 So. 2d 578, 581 (Fla. 5th DCA 1984) (“The trial judge in this case should have corrected the misleading instruction. This instruction, the prosecutor’s repeated misstatements of the law and the obvious jury confusion deprived Harvey of a fair trial so as to co…

Authorities Cited

• Salas v. State, 246 So. 2d 621 (Fla. 3d DCA 1971)