PAUL EDWARDS, APPELLANT,
v.
PRUDENTIAL-BACHE SECURITIES, INC. AND DENNIS GITLIN, APPELLEES
PER CURIAM.
Affirmed. Shearson/American Express, Inc. v. McMahon, — U.S.-, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987); Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985); Southland Corp. v. Keating, 465 U.S. 1, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984); Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1,103 S.Ct. 927, 74 L.Ed.2d 765 (1983); Oppenheimer & Co. v. Young, 475 So. 2d 221 (Fla.1985); Shear-son/Lehman Bros. v. Ordonez, 497 So. 2d 703 (Fla. 4th DCA 1986); Riverfront Properties, Ltd. v. Max Factor III, 460 So. 2d 948 (Fla. 2d DCA 1984); Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Melamed, 405 So. 2d 790 (Fla. 4th DCA 1981), appeal after remand, 453 So. 2d 858 (Fla. 4th DCA 1984), approved, 476 So. 2d 140 (Fla.1985).
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Mitchel Andre Insignares v. State, 847 So. 2d 1063 (Fla. 3d DCA 2003)…ription of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.’ ” State v. Hernandez, 841 So. 2d 469, 472 (Fla. 3d DCA 2002); see also Henry v. State, 519 So. 2d 84, 86 (Fla. 4th DCA 1988) (out-of-court confrontation evidence is admissible if it possesses certain features of reliability). At the evidentiary hearing, Insignares argued that his participation in the show-up identification was the result of an ill…
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Butler v. State, 544 So. 2d 1115 (Fla. 3d DCA 1989)…nt’s picture had a different background because of the camera used. Finally, one of the witnesses who selected two pictures was required by officers to narrow her choice to one. Such procedures have been held to require reversal. See Henry v. State, 519 So. 2d 84 (Fla. 4th DCA 1988). Furthermore, the circumstances surrounding the shooting raise substantial doubt as to the witnesses’ ability to correctly identify the perpetrator. These witnesses had only seconds to view the shooter as their vehicle passed th…
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Mattox v. State, 590 So. 2d 968 (Fla. 1st DCA 1991)…usly raised. See Rule 3.850, Florida Rules of Criminal Procedure. Defendant should have raised these issues on direct appeal. State v. Mattox 15 FLW 1208 (June 21, 1990);1 citing to Smith v. State, 499 So. 2d 912 (Fla. 1st DCA 1986); Henry v. State, 519 So. 2d 84 (Fla. 4th DCA 1988). The circuit court cites to this court’s June 21, 1990, decision for the proposition that the arguments raised in the motion should have been raised on direct appeal, but it fails to consider the effect of our affirmance without…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1 (U.S. 1983)
- Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213 (U.S. 1985)
- Shearson/American Express Inc. v. McMAHON, 482 U.S. 220 (U.S. 1987)
- Southland Corp. v. Keating, 465 U.S. 1 (U.S. 1984)
- Merrill Lynch v. Melamed, 453 So. 2d 858 (Fla. 4th DCA 1984)
- Ivey v. State, 405 So. 2d 790 (Fla. 4th DCA 1981)
- State v. Augusto Salazar, 405 So. 2d 790 (Fla. 4th DCA 1981)
- Riverfront Props., Ltd. v. Factor, 460 So. 2d 948 (Fla. 2d DCA 1984)
- Oppenheimer & Co., Inc. v. Young, 475 So. 2d 221 (Fla. 1985)
- Melamed v. Merrill Lynch, 476 So. 2d 140 (Fla. 1985)