KEVIN GALLAGHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KEVIN GALLAGHER, APPELLANT,
STATE OF FLORIDA, APPELLEE
909 So. 2d 463
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Kevin Gallagher filed a rule 3.850 motion raising several challenges. We reverse and remand for further proceedings in connection with his seventh point, which we find legally sufficient. See Grosvenor v. State, 874 So. 2d 1176 (Fla.), cert. denied, — U.S. -, 125 S.Ct. 627, 160 L.Ed.2d 458 (2004). The remaining issues were properly denied.
STEVENSON, C.J., GUNTHER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Jimenez v. State, 928 So. 2d 508 (Fla. 3d DCA 2006)…tness.1 This court has previously held that the procedure used by this judge for jurors to ask questions, including the judge asking the jurors after each witness if the jurors have any questions, is not an abuse of discretion. See Trellez v. State, 909 So. 2d 463 (Fla. 3d DCA 2005); McGlocklin v. State, 907 So. 2d 1288 (Fla. 3d DCA 2005). The Florida Supreme Court has declined to revisit this issue on appeal. See Watson v. State, 651 So. 2d 1159 (Fla.1994). Once again, we hold that the trial court’s procedur…
Authorities Cited
- Grosvenor v. State, 874 So. 2d 1176 (Fla. 2004)