MORRIS ROCKFIELD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Brown v. State, 11 So. 3d 428 (Fla. 2d DCA 2009)
  …ame of the crime for the statute number, reading the special instruction amounted to reading section 794.022(1) to the jury. We note that “[rjeading a statute to the jury as an instruction is not necessarily erroneous.” Ruskin v. Travelers Ins. Co., 125 So. 2d 766, 769 (Fla. 2d DCA 1960). However, “a charge taken from a statute must be justified by the evidence; it must be pertinent to the case; it must be confined to the issues in the case; and it must not mislead the jurors.” Id. The giving of an instructio…
• Gates & Sons, Inc. v. Brock, 199 So. 2d 291 (Fla. 1st DCA 1967)
  …rty (Gates) and in most instances the presence of workmen’s compensation benefits for the employee is not a proper consideration for the jury. See Tampa Sand & Material Co. v. Johnson, 103 So. 2d 250 (Fla.App.2d, 1958); Ruskin v. Travelers Ins. Co., 125 So. 2d 766 (Fla. App.2d, 1960). The appellant then questions the propriety in allowing Professor O. M. Har-relson to testify for the plaintiff on the subject of the design of the Gates break-back tie. In Florida the trial court has the duty to determine the q…
• Cliff Berry, Inc. v. State, 116 So. 3d 394 (Fla. 3d DCA 2012)
  …ruction was without merit where instruction followed language of statute as construed); Brown, 11 So. 3d at 433 (“We note that ‘[rjeading a statute to the jury as an instruction is not necessarily erroneous.’ ” (quoting Ruskin v. Travelers Ins. Co., 125 So. 2d 766, 769 (Fla. 2d DCA 1960))). Of course, instructions that quote the language of an applicable statute or agency regulation are no exception to the general rules establishing basic safeguards. To rephrase the Stephens analysis articulated above, “a ch…

Authorities Cited

• Conran v. State, 154 Fla. 227 (Fla. 1944)
• Lovic Adams v. State, 138 Fla. 206 (Fla. 1939)
• Houchins v. State, 154 Fla. 283 (Fla. 1944)