WEINSHENKER

v.

FLORIDA

Citator

Cited By

• Ivester v. State, 398 So. 2d 926 (Fla. 1st DCA 1981)
  …rial. When the state fails in meeting its responsibility, acquittal is a proper remedy. Ponsell v. State, 393 So. 2d 635 (Fla. 4th DCA 1981); Weinshenker v. State, 223 So. 2d 561 (Fla. 3rd DCA 1969) reh. denied, cert. denied, Weinshenker v. Florida, 396 U.S. 973, 90 S.Ct. 462, 24 L.Ed.2d 441. The trial court in its charge to the jury referred to either “Danny Ivester,” “the defendant,” or to “the defendant, Danny' Lee Ivester,” no less than eighteen times. The prosecutor specifically referred to the defend…
• Downer v. State, 375 So. 2d 840 (Fla. 1979)
  …or the prosecution, rather than to charge him as well, as evidence that appellants were improperly singled out for prosecution. . See Pittman v. State, 47 So. 2d 691 (Fla.1950); Weinshenker v. State, 223 So. 2d 561 (Fla. 3d DCA 1969), cert. denied, 396 U.S. 973, 90 S.Ct. 462, 24 L.Ed.2d 441; Adams v. State, 102 So. 2d 47 (Fla. 1st DCA 1958). . Although TMH is a public hospital under the control of the City of Tallahassee, the City of Tallahassee Code, section 285(1) delegates to the municipal hospital boa…
• Ponsell v. State, 393 So. 2d 635 (Fla. 4th DCA 1981)
  …ch and every necessary [*637] element of the offense charged beyond a reasonable doubt the case should not be submitted to the jury and a judgment of acquittal should be granted. Weinshenker v. State, 228 So. 2d 561 (Fla. 3rd DCA 1969), cert. denied 396 U.S. 973, 90 S.Ct. 462, 24 L.Ed.2d 441 (1969). After an exhaustive review of the transcript, we conclude that the appellant was entitled to a judgment of acquittal at the conclusion of the state’s case. It appears to us that the state failed to present suff…