LYNWOOD DAVIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Joyner v. State, 41 So. 3d 306 (Fla. 1st DCA 2010)
  …36 So. 3d 707, 709 (Fla. 1st DCA 2010) (quoting Garzon v. State, 980 So. 2d 1038, 1043 (Fla.2008)). Appellate courts are constrained to exercise their discretion concerning fundamental error “very guardedly” and “only in rare cases.” Fike v. State, 4 So. 3d 734, 739 (Fla. 5th DCA 2009). Finally, this case can be distinguished from Montgomery because the defense not only failed to object to the standard jury instruction on manslaughter, he specifically agreed to that instruction at the charging conference…
• Wheeler v. State, 87 So. 3d 5 (Fla. 5th DCA 2012)
  …ake a timely, specific objection). Furthermore, the defendant did not raise a claim of fundamental error relating to this issue in his initial brief; therefore, this court is not required to undertake a fundamental error analysis. See Fike v. State, 4 So. 3d 734, 739 (Fla. 5th DCA 2009) (noting that the burden is on the appellant to demonstrate fundamental error); Williams v. State, 845 So. 2d 987 (Fla. 1st DCA 2003) (holding that defendant failed to preserve claim of fundamental error where he did not rais…
• Fuller v. State, 257 So. 3d 521 (Fla. 5th DCA 2018)
  …s permitted to introduce evidence that he refused to voluntarily provide a blood sample that police would have tested for alcohol and drugs. "[A] trial court's ruling on the admission of evidence is reviewed for abuse of discretion." Fike v. State , 4 So. 3d 734, 737 (Fla. 5th DCA 2009) (citing LaMarca v. State , 785 So. 2d 1209, 1212 (Fla. 2001) ). At trial, Fuller moved to exclude the recorded conversation he had with police at their headquarters on the morning of the shooting regarding Fuller's refusal…

Authorities Cited

• Hawk v. State, 848 So. 2d 475 (Fla. 5th DCA 2003)
• Gutierrez v. McDOWELL, 948 So. 2d 968 (Fla. 5th DCA 2007)
• Jontell B. Prince v. State, 885 So. 2d 967 (Fla. 4th DCA 2004)