T.A., MOTHER OF A.J. AND S.A., CHILDREN, APPELLANTS,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 5th DCA | 2002-07-23
Nos. 5D02-89, 5D02-470
COBB, GRIFFIN and PALMER, JJ., concur.
824 So. 2d 943 Florida District Court of Appeal, Fifth District (2002) Caution
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See M.T. v. Department of Children & Families, 816 So. 2d 227 (Fla. 5th DCA 2002).

COBB, GRIFFIN and PALMER, JJ., concur.


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  • Knowles v. State, 848 So. 2d 1055 (Fla. 2003)
    …e employed in determining whether the error requires a reversal on direct appeal. Id. at 546. With the exception of Knowles, the district courts have correctly enunciated and applied the DiGuilio standard since Goodwin. See, e.g., Stires v. State, 824 So. 2d 943, 946 (Fla. 5th DCA 2002); Kiner v. State, 824 So. 2d 271, 273 (Fla. 4th DCA 2002); Coley v. State, 816 So. 2d 817, 818-19 (Fla. 2d DCA 2002); Moore v. State, 798 So. 2d 50, 53 (Fla. 1st DCA 2001); Cooper v. State, 778 So. 2d 542, 545 (Fla. 3d DCA 20…
  • Crumbley v. State, 876 So. 2d 599 (Fla. 5th DCA 2004)
    …iciary of the error, to “prove beyond a reasonable doubt that the error complained of did not contribute to the verdict or, stated alternatively, that there is no reasonable possibility that the error contributed to the conviction.” Stires v. State, 824 So. 2d 943, 946 (Fla. 5th DCA 2002) (citing DiGuilio). In order to focus, as we must, on the effect of the error on the jury, Goodwin v. State, 751 So. 2d 537, 542 (Fla.1999), we are obligated to examine the entire record and closely examine the permissible ev…
  • Huck v. State, 881 So. 2d 1137 (Fla. 5th DCA 2004)
    …ice officer to the effect that he did not trust Mr. Huck as far as he could throw him was likewise inadmissible. Two matters undercut the prejudicial nature of this comment, however. First, the court gave a curative instruction. See Stires v. State, 824 So. 2d 943 (Fla. 5th DCA 2002); Henderson v. State, 789 So. 2d 1016, 1018 (Fla. 2d DCA 2000); cf., Chamberlain v. State, 29 Fla. L. Weekly S305, S307 (Fla. June 17, 2004). More importantly, the defense fully admits that it knew of the comment before it was pla…

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