SCOTT

v.

PAROLE BOARD OF KENTUCKY ET AL.

Citator

Cited By (29 total)

• Clark v. State, 363 So. 2d 331 (Fla. 1978)
  …raise that objection as a point on appeal. If the defendant fails to object or if, after having objected, he does not ask for a mistrial, his silence will be considered an implied waiver. Cf. Spenkelink v. State, 350 So. 2d 85 (Fla.1977), cert. den. 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977). The important consideration is that the defendant retain primary control over the course to be followed in the event of such error. United States v. Dinitz, 424 U.S. 600, 96 S.Ct. 1075, 47 L.Ed.2d 267 (1976). 5…
• State v. Cumbie, 380 So. 2d 1031 (Fla. 1980)
  …aise that objection as a point on appeal. If the defendant fails to object or if, after having objected, he does not ask for a mistrial, his silence will be considered an implied waiver. Cf. Spenkelink v. State, 350 So. 2d 85 (Fla. 1977), cert. den. 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977). The important consideration is that the defendant retain primary control over the course to be followed in the event of such error. United States v. Dinitz, 424 U.S. 600, 96 S.Ct. 1075, 47 L.Ed.2d 267 (1976). 5…
• Adams v. State, 380 So. 2d 423 (Fla. 1980)
  …t. The asserted issues concerning prejudicial argument and testimony could have been raised in the first appeal to this Court, and these matters thus will not support a collateral attack. Spenkelink v. State, 350 So. 2d 85 (Fla.1977), cert. denied, 434 U.S. 960, 98 S.Ct. 492, 54 L.Ed.2d 320 (1977); Sullivan v. State, 372 So. 2d 938 (Fla.1979). The issue concerning the reliance by the trial judge upon the five previous convictions testified to by the appellant was disposed of in Adams v. State, 355 So. 2d 1…