MALACHI SMITH, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Baugh v. State, 961 So. 2d 198 (Fla. 2007)
  …ly whether a rational jury, “viewing the evidence in the light most favorable to the State, ... could find the existence of the elements of the crime beyond a reasonable doubt.” Floyd v. State, 913 So. 2d 564, 571 (Fla.2005) (quoting Pagan v. State, 880 So. 2d 792, 803 (Fla.2002)). Moreover, in analyzing the sufficiency of the evidence, any issues of credibility must be resolved in favor of the State. See, e.g., Darling v. State, 808 So. 2d 145, 155 (Fla.2002) (“The credibility and probative force of conflict…
• Mosley v. State, 46 So. 3d 510 (Fla. 2009)
  …n the victim’s position during the crime and imagine the victim’s suffering. See, e.g., Merck v. State, 975 So. 2d 1054, 1062 (Fla.2007) (defining “golden rule” arguments), cert. denied, - U.S. -, 129 S.Ct. 78, 172 L.Ed.2d 66 (2008); Pagan v. State, 880 So. 2d 792, 812-13 (Fla.2002) (same). This Court has repeatedly held that “golden rule” arguments are improper. Bailey v. State, 998 So. 2d 545, 555 (Fla.2008) (“This Court has long prohibited golden rule arguments .... ”). Mosley points to two comments in thi…
• Berube v. State, 5 So. 3d 734 (Fla. 2d DCA 2009)
  …on for judgment of acquittal, and the jury found Mr. Berube guilty of murder in the first degree as charged. B. The Standard of Review Sufficiency of the evidence to withstand a motion for judgment of acquittal is reviewed de novo. Pagan v. State, 880 So. 2d 792, 803 (Fla.2002). When considering a motion for judgment of acquittal, the question is whether, “after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyon…