MORRIS MERGI, APPELLANT,

v.

DOLORES D. ROMANA, APPELLEE

Citator

Cited By

• Keys v. State, 606 So. 2d 669 (Fla. 1st DCA 1992)
  …te “language which might be construed as a comment on the evidence.” Fenelon v. State, 594 So. 2d 292 (Fla.1992). Our decision in this case follows that decision as mandated in Smith v. State, 598 So. 2d 1063 (Fla.1992). See also Viniegra v. State, 604 So. 2d 863 (Fla. 3d DCA 1992); Bryant v. State, 602 So. 2d 966 (Fla. 3d DCA 1992). Thus, on this stated ground alone, we hold that the giving of the flight instruction requires remand for a new trial. The two remaining points, appellant having conceded one of…

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• Lewis v. State, 623 So. 2d 1205 (Fla. 4th DCA 1993)
  …. 1st DCA 1992) (retrospective application of Fenelon is required by Smith); Dupree v. State, 615 So. 2d 713 (Fla. 1st DCA 1993); Bryant v. State, 602 So. 2d 966 (Fla. 3d DCA 1992) (Fenelon applies retroactively because of Smith); Viniegra v. State, 604 So. 2d 863 (Fla. 3d DCA 1992). The state further argues that even if Fenelon does apply, the giving of the jury instruction is subject to the harmless error test. The supreme court upheld Fenelon’s conviction on the ground that the giving of the instruction i…
• Crocker v. State, 616 So. 2d 1180 (Fla. 1st DCA 1993)
  ….Ct. 1863, 123 L.Ed.2d 483 (Fla.1993), the supreme court found that although it would have been better for the jury to not have been given the flight instruction, the error was harmless in view of other evidence of guilt. See also Viniegra v. State, 604 So. 2d 863 (Fla. 3d DCA 1992). In Keys v. State, 606 So. 2d 669 (Fla. 1st DCA 1992), however, this court held that it was error for the trial court to give a flight instruction to the jury where it would be necessary for the jury to pyramid inferences of the c…

Authorities Cited

• Pitcher v. Schneider (Fla. 5th DCA 2018)
• Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
• The Equitable Life Assurance Soc'y OF the United States v. Boraks, 276 So. 2d 246 (Fla. 3d DCA 1973)