HATTEN

v.

TUCKER

Citator

Cited By

• Moore v. State, 114 So. 3d 486 (Fla. 1st DCA 2013)
  …BENTON, C.J., concurs in part and dissents in part with opinion. . We note the Second District certified conflict with Riesel, 48 So. 3d 885, and the supreme court has granted review. Daniels v. State 72 So. 3d 227 (Fla. 2d DCA 2011), rev. granted 79 So. 3d 744 (Fla.2012).…
• Gaffney v. Tucker, 94 So. 3d 556 (Fla. 2012)
  …nder rule 3.850 that either fails to allege new or different grounds for relief, or alleges new or different grounds for relief that were known or should have been known at the time the first motion was filed.”). . Gaffney v. Tucker, No. SC11-2136, 79 So. 3d 744, 2012 WL 130519 (Fla. Jan. 10, 2012) (dismissing the petition and ordering petitioner to show cause why sanctions should not be imposed and why the petition should not be deemed frivolous for purposes of applying section 944.279(1), Florida Statutes…
• Shara N. Cooper v. State, 83 So. 3d 998 (Fla. 4th DCA 2012)
  …0, 997 So. 2d 403 (Fla.2008). The Second District Court of Appeal has held that the 2008 version of the instruction did not require intent to kill and was not fundamentally erroneous. Daniels v. State, 72 So. 3d 227 (Fla. 2d DCA 2011), rev. granted, 79 So. 3d 744 (Fla. Feb.3, 2012). Petitioner was tried in February 2008 before the December 2008 effective date of the amended instruction. In petitioner's case, the jury was given the same jury instruction at issue in Montgomery.…