FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, ET AL., PETITIONERS,

v.

H.D., ETC., RESPONDENT

Citator

Cited By (23 total)

• Terance Valentine v. State, 98 So. 3d 44 (Fla. 2012)
  …this statement denied him the effective assistance of counsel. We have previously explained that counsel cannot be deemed ineffective for failing to object to a fair comment which is based on the evidence presented during the trial. Spann v. State, 985 So. 2d 1059, 1068 (Fla.2008) (citing Mungin v. State, 932 So. 2d 986, 997 (Fla.2006)). Here, the officer who photographed the Chevy Blazer in which Porche’s body was found testified that the photos he took showed blood spatter throughout the Blazer. The forensi…
• Simpson v. State, 3 So. 3d 1135 (Fla. 2009)
  …arly improper comments vouching for Durrance's credibility, they impermissibly "place[d] the prestige of the government behind the witness or indicate[d] that information not presented to the jury supported] the witness’s testimony." Spann v. State, 985 So. 2d 1059, 1067 (Fla.2008) (quoting Hutchinson v. State, 882 So. 2d 943, 953 (Fla.2004), abrogated on other grounds by Deparvine v. State, 995 So. 2d 351 (Fla.2008)).…
• Reynolds v. State, 99 So. 3d 459 (Fla. 2012)
  …sel is not ineffective for following the wishes of a competent defendant, even if that wish is to not present mitigation to a penalty phase jury). His counsel will not now be deemed ineffective because they followed his decision. See Spann v. State, 985 So. 2d 1059, 1070 (Fla.2008); Grim v. State, 971 So. 2d 85, 100-01 (Fla.2007); Brown v. State, 894 So. 2d 137, 146 (Fla.2004) (“An [*497] attorney will not be deemed ineffective for honoring [his or her] client’s wishes.”). In addition, as evidenced in the sen…

Authorities Cited

• H.D. v. Dep't OF Child. & Families & Guardian Ad Litem Program, 964 So. 2d 818 (Fla. 4th DCA 2007)
• J.D. v. The Dep't OF Child. & Families, 825 So. 2d 447 (Fla. 1st DCA 2002)
• Blice v. State, 825 So. 2d 447 (Fla. 5th DCA 2002)