BLUM, COMMISSIONER OF NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES

v.

HOLLEY ET AL.; AND RUSSO, COMMISSIONER OF MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES V. HOLLEY ET AL.

Citator

Cited By (61 total)

• Glendening v. State, 536 So. 2d 212 (Fla. 1988)
  …r years has sufficient mental capacity and sense of moral obligation to be competent as a witness, and his ruling will not be disturbed unless a manifest abuse of discretion is shown.” Rutledge v. State, 374 So. 2d 975, 979 (Fla.1979), cert. denied, 446 U.S. 913, 100 S.Ct. 1844, 64 L.Ed.2d 267 (1980). Our examination of the record reveals no abuse of discretion on the part of the trial judge in permitting the child’s testimony.6 The final issue involves the alleged improper admission of expert witness te…
• Smith v. State, 521 So. 2d 106 (Fla. 1988)
  …fficient to present a reasonable doubt of sanity in the minds of the jurors, the presumption of sanity vanishes and the state must prove beyond a reasonable doubt that the defendant was sane. Holmes v. State, 374 So. 2d 944 (Fla.1979), cert. denied, 446 U.S. 913, 100 S.Ct. 1845, 64 L.Ed.2d 267 (1980). The Court in Yohn felt that the standard jury instruction was not sufficiently clear on this subject. Since the defendant had requested an instruction which more adequately set forth Florida law, Yohn’s convic…
• Lucas v. State, 568 So. 2d 18 (Fla. 1990)
  …at the trial judge viewed the issue of life or death within the framework of the rules provided by statute. It must appear that the sentence imposed was the result of reasoned judgment. Holmes v. State, 374 So. 2d 944, 950 (Fla.1979), cert. denied, 446 U.S. 913, 100 S.Ct. 1845, 64 L.Ed.2d 267 (1980). A trial court’s findings, however, must be of “unmistakable clarity.” Mann v. State, 420 So. 2d 578, 581 (Fla.1982). The instant findings do not meet this requirement. Therefore, we vacate Lucas’ death sentenc…