MIERA

v.

UNITED STATES; HENDERSON ET AL. V. UNITED STATES; AND SIMMONS V. UNITED STATES

Citator

Cited By (29 total)

• Turnbull v. State, 386 So. 2d 42 (Fla. 3d DCA 1980)
  …PER CURIAM. Affirmed. State v. Burkett, 344 So. 2d 868 (Fla. 2d DCA 1977); Campbell v. State, 365 So. 2d 751 (Fla. 1st DCA 1978), cert. denied, 374 So. 2d 98 (Fla.1979), cert. denied 444 U.S. 934, 100 S.Ct. 282, 62 L.Ed.2d 193 (1979); State v. Leonard, 376 So. 2d 427 (Fla. 3d DCA 1979); § 934.03(2)(c), Fla.Stat. (1979).…
• State v. Nicki Joe Jones, 642 So. 2d 804 (Fla. 5th DCA 1994)
  …with the intent to retaliate against the witness must turn upon the circumstances under which the threat was made. See United States v. Brown, 937 F. 2d at 36. See also United States v. Frederickson, 601 F. 2d 1358, 1362-63 (8th Cir.), cert. denied, 444 U.S. 934, 100 S.Ct. 281, 62 L.Ed.2d 193 (1979).4 Intent is generally a question for the trier of fact because a defendant’s mental intent is hardly ever subject to direct proof and must be established by surrounding circumstances. See Brewer v. State, 413 So…
• United States v. Bailleaux, 685 F.2d 1105 (9th Cir. 1982)
  …charged offense that is a material issue in the case. See United States v. Herrera-Medina, 609 F. 2d 376 (9th Cir. 1979); United States v. Myers, 550 F. 2d 1036 (5th Cir. 1977); United States v. Frederickson, 601 F. 2d 1358 (8th Cir.), cert. denied, 444 U.S. 934, 100 S.Ct. 281, 62 L.Ed.2d 193 (1979). Once these prerequisites have been satisfied, the evidence is admissible for those purposes permitted by Rule 404(b) if the court determines that the probative value of the evidence is not substantially outwe…