MILLENSON

v.

NEW HOTEL MONTELEONE, INC.

Citator

Cited By

• Chestnut v. State, 538 So. 2d 820 (Fla. 1989)
  …ication, epilepsy, infancy, or senility are, in varying degrees, susceptible to quantification or objective demonstration, and to lay understanding. As the Ninth Circuit observed in Wahrlich v. Arizona, 479 F. 2d 1137, 1138 (9th Cir.), cert. denied, 414 U.S. 1011, 94 S.Ct. 375, 38 L.Ed.2d 249 (1973): Exposure to the effects of age and of intoxicants upon state of mind is a part of common human experience which fact finders can understand and apply; indeed, they would apply them even if the state did not tel…

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• Dillbeck v. State, 643 So. 2d 1027 (Fla. 1994)
  …s upon state of mind is a part of common human experience which fact finders can understand and apply; indeed, they would apply them even if the state did not tell them they could.” Wahrlich v. Arizona, 479 F. 2d 1137, 1138 (9th Cir.), cert. denied, 414 U.S. 1011, 94 S.Ct. 375, 38 L.Ed.2d 249 (1973). Just as the harmful effect of alcohol on the mature brain of the adult imbiber is a matter within the common understanding, so too is the detrimental effect of this intoxicant on the delicate, evolving brain o…
• Campbell v. Louie L. Wainwright, 738 F.2d 1573 (11th Cir. 1984)
  …ollowed. . Campbell offered to prove only the facts discussed above. . Fla.Stat. § 782.04 defines murder as an "unlawful killing____perpetrated from a premeditated design____” . In Wahrlich v. Arizona, 479 F. 2d 1137 (9th Cir.1973), cert. denied, 414 U.S. 1011, 94 S.Ct. 375, 38 L.Ed.2d 249 (1973), the Ninth Circuit rather summarily rejected a similar claim. At first impression, this case resembles Phillips v. Wainwright, 624 F. 2d 585 (5th Cir.1980). In Phillips, the court held constitutional the exclusi…