SCOTT MYERS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lexter Caban v. State, 9 So. 3d 50 (Fla. 5th DCA 2009)
  …was found guilty of those charges and was sentenced to natural life on the murder charge and a concurrent ten-year term of imprisonment on the aggravated child abuse conviction. His judgment and sentence were affirmed on appeal. See Caban v. State, 892 So. 2d 1204 (Fla. 5th DCA 2005). On direct appeal, the main contention was that there was insufficient circumstantial evidence of guilt and the trial court should have granted Caban’s motion for judgment of acquittal. Caban contended that the child had sustain…
• Johnson v. State, 933 So. 2d 568 (Fla. 1st DCA 2006)
  …een subjected to a Frye analysis in Florida. However, Florida courts have allowed Shaken Baby Syndrome testimony as expert opinion regarding the cause of a child’s death. See Washington v. State, 737 So. 2d 1208 (Fla. 1st DCA 1999); Caban v. State, 892 So. 2d 1204 (Fla. 5th DCA [*570] 2005). Because Shaken Baby Syndrome testimony has been admitted in Florida and in other jurisdictions, Shaken Baby Syndrome testimony is no longer a new or novel scientific principle subject to a Frye analysis. See, e.g., In re…
• Smith v. State, 88 So. 3d 412 (Fla. 4th DCA 2012)
  …e head, and that the child’s injuries were inconsistent with the scenario expressed by Smith that the child fell off a bed onto a carpeted floor. The testimony in this ease rebutted Smith’s theory of the victim’s injuries similar to Caban v. State, 892 So. 2d 1204 (Fla. 5th DCA 2005). In Caban, the defendant argued “that the court erred in denying his motion for judgment of acquittal because the evidence did not exclude every hypothesis of innocence.” Id. at 1207. The Fifth District affirmed the denial of the…