CALVIN BRUCE WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CALVIN BRUCE WRIGHT, APPELLANT,
STATE OF FLORIDA, APPELLEE
166 So. 3d 189
Florida District Court of Appeal, First District (2015)
Positive Treatment
Cited by 12 cases
Opinion of the Court
AFFIRMED. See Johnson v. State, 695 So.2d 787, 788 (Fla. 1st DCA 1997) (“[Fjailure to instruct on necessarily lesser-included offenses (even category 1 lesser-included offenses) in a non-capital case is not fundamental error. To preserve such an error for appellate review, the defendant must request such an instruction and object to the trial court’s refusal to give one.”).
BENTON, CLARK, and MAKAR, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Baan v. Columbia Cnty., 180 So. 3d 1127 (Fla. 1st DCA 2015)…for reconsideration and granted final summary judgment in favor of EMS, the present appeal ensued. A trial court’s exclusion of expert testimony’ is reviewed for an abuse of discretion. See Booker v. Sumter Cty. Sheriffs Office/N. Am. Risk Servs., 166 So. 3d 189, 194 n. 2 (Fla. 1st DCA 2015) (citing Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 142, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999)); see also Adams v. Lab. Corp. of Am., 760 F. 3d 1322, 1327 (11th Cir.2014) (“Even where a ruling excluding expert te…
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Crane Co. v. DeLISLE, 206 So. 3d 94 (Fla. 4th DCA 2016)…h DCA 2004). Further, we, and other Florida appellate courts, have applied the statute to the admission of testimony. Bunin v. Matrixx Initiatives, Inc., 197 So. 3d 1109 (Fla. 4th DCA 2016); Booker v. Sumter Cty. Sheriff s Office/N. Am. Risk Servs., 166 So. 3d 189 (Fla. 1st DCA 2015); Perez v. Bell S. Telecommunications, Inc., 138 So. 3d 492 (Fla. 3d DCA 2014); R.C. v. State, 192 So. 3d 606 (Fla. 2d DCA 2016). We therefore find that this argument lacks merit. Moreover, if the Frye standard applied, most of th…
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R.C. v. State, 192 So. 3d 606 (Fla. 2d DCA 2016)…, by adopting Daubert, the legislature made it clear that “pure opinion testimony,” i.e., testimony based only on the personal experience and training of the expert, is no longer admissible. Booker v. Sumter Cty. Sheriff’s Office/N. Am. Risk Servs., 166 So. 3d 189, 192 (Fla. 1st DCA 2015). As amended, section 90.702 provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified a…
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- Armad Johnson v. State, 695 So. 2d 787 (Fla. 1st DCA 1997)