GADDY

v.

MICHAEL ET AL.

Citator

Cited By (58 total)

• T.J.T. v. State, 460 So. 2d 508 (Fla. 3d DCA 1984)
  …te, supra. When a defendant moves for a judgment of acquittal he admits all facts in the evidence adduced and every conclusion favorable to the state reasonably inferable therefrom. Garmise v. State, 311 So. 2d 747 (Fla. 3d DCA 1975), cert. denied, 429 U.S. 998, 97 S.Ct. 524, 50 L.Ed.2d 608 (1976). Applying to the instant case the rule that a motion for judgment of acquittal should not be granted unless it is apparent that no legally sufficient evidence has been submitted under which a jury could legally f…
• Ogden King, Jr. v. State, 545 So. 2d 375 (Fla. 4th DCA 1989)
  …photograph was irrelevant and prejudicial. The trial court’s decision to admit a photograph into evidence should not be disturbed unless it was clearly abusive or patently in error. Garmise v. State, 311 So. 2d 747 (Fla. 3d DCA 1975), cert. denied, 429 U.S. 998, 97 S.Ct. 524, 50 L.Ed.2d 608 (1976). The fact that a photograph is gruesome does not bar admissibility if it is relevant to any fact at issue. Adams v. State, 412 So. 2d 850 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 182, 74 L.Ed.2d 148 (1982);…
• Busch v. State, 466 So. 2d 1075 (Fla. 3d DCA 1984)
  …25 (Fla.1983). When a defendant moves for a judgment of acquittal, he admits all facts in evidence adduced and every conclusion favorable to the state reasonably inferable therefrom. Garmise v. State, 311 So. 2d 747 (Fla. 3d DCA 1975), cert. denied, 429 U.S. 998, 97 S.Ct. 524, 50 L.Ed.2d 608 (1976). The credibility and probative force of conflicting testimony should not be determined on a motion for judgment of acquittal. Lynch v. State, 293 So. 2d 44, 45 (Fla.1974). A motion for judgment of acquittal shoul…