RICHARD BRYANT WEDDELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD BRYANT WEDDELL, APPELLANT,
STATE OF FLORIDA, APPELLEE
780 So. 2d 324
Florida District Court of Appeal, First District (2001)
Caution
Cited by 5 cases
Opinion of the Court
BARFIELD, C.J.
We affirm Weddell’s conviction but certify to the Supreme Court of Florida as a matter of great public importance the following question:
IS THE FLORIDA STANDARD JURY INSTRUCTION ON “POSSESSION OF PROPERTY RECENTLY STOLEN” AN IMPERMISSIBLE COMMENT ON THE EVIDENCE?
Paraphrasing the opinion in Fenelon v. State, 594 So. 2d 292, 294 (Fla.1992), we can think of no valid policy reason why a trial judge should be permitted to comment on evidence of possession of recently stolen property as opposed to any other evidence adduced at trial.
ALLEN and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Walker v. State, 896 So. 2d 712 (Fla. 2005)…ment on the evidence. ■ Because of these three holdings, particularly Fenelon, the First District Court of Appeal has questioned whether the jury instruction in the instant case is also an impermissible comment on the evidence. See Weddell v. State, 780 So. 2d 324, 324 (Fla. 1st DCA 2001). Those three cases and the jury instructions involved in them are distinguishable from the jury instruction in this case. The three jury instructions in Fenelon, Whitfield, and In re Instructions in Criminal Cases are disti…1 / 2
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Perdido KEY Island Resort Dev., L.L.P. v. Regions Bank, 102 So. 3d 1 (Fla. 1st DCA 2012)…onstr. Partners, Ltd., 944 So. 2d 181, 185 (Fla.2006). Florida law favors arbitration, often holding that any doubt regarding the arbitrability of a claim should be resolved in favor of arbitration. See, e.g., Nestler-Poletto Realty, Inc. v. Kassin, 780 So. 2d 324, 325 (Fla. 4th DCA 1999); United Ins. Co. of America v. Office of Ins. Regulation, 985 So. 2d 665, 668 (Fla. 1st DCA 2008); Roe v. Amica Mut. Ins. Co., 533 So. 2d 279, 281 (Fla.1988). In further recognition of this preference, we have previously app…
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Louie T. Wright v. State, 789 So. 2d 1246 (Fla. 1st DCA 2001)…s satisfactorily explained gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.” As Appellant concedes, the issue we certified to the supreme court in Weddell v. State, 780 So. 2d 324 (Fla. 1st DCA 2001), is not preserved in this case. AFFIRMED. BOOTH, KAHN and PADOVANO, JJ., concur.…
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- King Anthony Green v. State, 594 So. 2d 292 (Fla. 1992)