STATE EX REL. ESTATE OF CLARENCE NELSON

v.

CITY OF MALABAR

Citator

Cited By

• Whitfield v. State, 452 So. 2d 548 (Fla. 1984)
  …d at 1287, but affirmed nonetheless, citing cases wherein instructions on flight have been affirmed. We find that the instruction was an impermissible comment evaluating the evidence. See Tanner v. State, 197 So. 2d 842 (Fla. 1st DCA), cert. denied, 201 So. 2d 898 (Fla.1967). A trial court should scrupulously avoid commenting on the evidence in a case. Lee v. State, 324 So. 2d 694 (Fla. 1st DCA 1976). Especially in a criminal prosecution, the trial court should take great care not to intimate to the jury the…
• Palmer v. State, 323 So. 2d 612 (Fla. 1st DCA 1975)
  …n as to the weight, character, or credibility of any evidence adduced.” Florida courts have generally adhered to that view of the matter. Raulerson v. State, 102 So. 2d 281 (Fla.1958); Tanner v. State, 197 So. 2d 842 (Fla.App.1st, 1967), cert. den., 201 So. 2d 898 (Fla.1967). Of the incriminating circumstances listed in Young, 217 So. 2d at 571, and quoted above, only flight and the unexplained possession of recently stolen property are considered appropriate subjects for comment to the jury. Blackwell v. Sta…
• City OF Dania v. Broward Cnty., 658 So. 2d 163 (Fla. 4th DCA 1995)
  …se and infrastructure expenditures would promote a never-ending battle between cities and counties in every eminent domain proceeding. In Tampa Suburban Utilities Corp. v. Hillsbor-ough Aviation Authority, 195 So. 2d 568 (Fla. 2d DCA), cert. denied, 201 So. 2d 898 (Fla. 1967), the Second District Court of Appeal held: In order for a person to intervene in a condemnation action the interest of the intervenor in the property described in the petition must be of such direct and immediate character that the inte…

Authorities Cited

• Town OF Malabar v. State of Fla. ex rel. Est. of Clarence W. Nelson, 195 So. 2d 43 (Fla. 4th DCA 1967)