HAMPTON

v.

WYRICK, WARDEN

Citator

Cited By (29 total)

• Tura Yohn v. State, 476 So. 2d 123 (Fla. 1985)
  …approval of the standard jury instructions does not relieve the trial judge of his responsibility of correctly charging the jury. Our approval of the standard jury instruction on insanity in Wheeler v. State, 344 So. 2d 244 (Fla.1977), cert. denied, 440 U.S. 924, 99 S.Ct. 1254, 59 L.Ed.2d 478 (1979), is not determinative of the case before us because the focus in that case was upon the definition of insanity and not upon [*127] where the burden of proof lies when the defense is raised. In In the Matter of t…
• Lowe v. The Honorable Joseph E. Price, 437 So. 2d 142 (Fla. 1983)
  …1. We now answer this question affirmatively. [*144] Decisional law and rules in effect at the time an appeal is decided govern the case even if there has been a change since time of trial. Wheeler v. State, 344 So. 2d 244 (Fla.1977), cert. denied, 440 U.S. 924, 99 S.Ct. 1254, 59 L.Ed.2d 478 (1979); Collins v. Wainwright, 311 So. 2d 787 (Fla. 4th DCA 1975). In the present case, defendant moved for discharge on August 5, 1981. This motion was denied by the trial court and the court ordered a stay pending o…
• Ferguson v. State, 417 So. 2d 631 (Fla. 1982)
  …f the offense and incompetent to stand trial at all times thereafter. The Florida standard for sanity at the time of the offense is the ability to distinguish right and wrong. Witt v. State; Wheeler v. State, 344 So. 2d 244 (Fla.1977), cert. denied, 440 U.S. 924 (1979). The test for competency to stand trial is whether a defendant has sufficient present ability to consult with and aid his attorney in the preparation of a defense with a reasonable degree of understanding. Although the medical evidence was co…