SCIBELLI

v.

UNITED STATES

Citator

Cited By (28 total)

• Logan v. State, 592 So. 2d 295 (Fla. 5th DCA 1991)
  …t if they find the evidence shows a party violated the traffic ordinance, then that finding is some evidence of negligence. [*299] In Filmon v. State, 336 So. 2d 586 (Fla.1976), cert. denied, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375, reh. denied, 431 U.S. 960, 97 S.Ct. 2689, 53 L.Ed.2d 279 (1977), the supreme court explained that the key to determining culpable negligence in cases involving operation of a motor vehicle is the “totality of circumstances surrounding the incident.”6 See also High v. State,…
• State v. D. B. C., 413 So. 2d 455 (Fla. 5th DCA 1982)
  …2d 581 (Fla.5th DCA 1981); Gagel v. Cornelius, 380 So. 2d 1333 (Fla.5th DCA 1980). See also Filmon v. State, 336 So. 2d 586 (Fla.1976), cert. denied and appeal dismissed, 430 U.S. [*458] 980, 97 S.Ct. 1675, 52 L.Ed.2d 375 (1977), rehearing denied, 431 U.S. 960, 97 S.Ct. 2689, 53 L.Ed.2d 279; State v. Mitchell, 245 So. 2d 618 (Fla.1971). Appellee was not taken into custody on October 27, 1980, nor at any time prior to the filing of the petition in April, 1981. Thus, section 39.05(6), Florida Statutes (19…
• Norstrom v. State, 587 So. 2d 1148 (Fla. 4th DCA 1991)
  …25 So. 2d 420 (Fla.1988). However, evidence that appellant drank about four beers is relevant on the issue of reckless driving. In Filmon v. State, 336 So. 2d 586 (Fla.1976), cert. denied, 430 U.S. 980, 97 S.Ct. 1675, 52 L.Ed.2d 375, reh’g. denied, 431 U.S. 960, 97 S.Ct. 2689, 53 L.Ed.2d 279 (1977), the Supreme Court, in a case of manslaughter by culpable negligence, found that evidence that the appellant had imbibed significantly immediately preceding the tragic incident, although not significant to suppo…