MARIA DEL CARMEN MORALES A/K/A CARMEN MORALES AND RENE MORALES, HER HUSBAND, APPELLANTS,

v.

FOUR STAR POULTRY AND PROVISION COMPANY, INC., APPELLEE

Citator

Cited By (21 total)

• Thomas v. State, 748 So. 2d 970 (Fla. 1999)
  …. 4th DCA 1987) (trial judge’s comments which led the jury to believe that it had to reach a verdict in the time allotted for the trial otherwise the defendant would not be retried and would escape prosecution was reversible error); Warren v. State, 498 So. 2d 472 (Fla. 3d DCA 1986) (judge’s comments that he did not wish to try the case again, that retrial would be very costly and that he sincerely hoped the jury would return a verdict if at all possible infected the integrity of the fact finding process and…
• Gahley v. State, 567 So. 2d 456 (Fla. 1st DCA 1990)
  …F. 2d at 1126. Absent fundamental error, an objection is required to preserve the propriety of an Allen charge for appellate review. Armstrong v. State, 364 So. 2d 1238 (Fla. 1st DCA 1977), cert. denied, 373 So. 2d 456 (Fla.1979); Warren v. State, 498 So. 2d 472 (Fla.3d DCA 1986), review denied, 503 So. 2d 328 (Fla.1987); United States v. Taylor, 513 F. 2d 70, 72 (5th Cir.), cert. denied, 423 U.S. 947, 96 S.Ct. 361, 46 L.Ed.2d 281 (1975). Fundamental error was found in Webb, due to the coercive instruction…
• McKINNEY v. State, 640 So. 2d 1183 (Fla. 2d DCA 1994)
  …e and adds, “Do you have any questions?” It is well-established that the trial court in a criminal case may give the standard Allen [*1187] charge in the event of a jury deadlock. As explained in Judge Hubbard’s thorough opinion in Warren v. State, 498 So. 2d 472 (Fla. 3d DCA 1986), review denied, 603 So. 2d 328 (Fla.1987), appellate courts carefully examine any deviation from the standardized procedure. The fear is that members of a deadlocked jury will improperly interpret the judge’s words and actions as…