RED LAKE BAND OF CHIPPEWA INDIANS

v.

MINNESOTA ET AL.

Citator

Cited By (43 total)

• Melvee Tucker v. State, 459 So. 2d 306 (Fla. 1984)
  …o conviction may be entered upon such a verdict and must therefore acquit and release the defendant. Such a ruling by the judge may properly be viewed as “a separate, legal matter with which the factfinder need have no concern.” Holloway v. Florida, 449 U.S. 905, 908, 101 S.Ct. 281, 283, 66 L.Ed.2d 137 (1980) (Blackmun, J., joined by Brennan and Marshall, J.J., dissenting from denial of certiorari) (emphasis in original, footnote omitted), denying cert. to, Holloway v. State, 362 So. 2d 333 (Fla. 3d DCA 197…
• State v. Trejo, 555 So. 2d 1321 (Fla. 2d DCA 1990)
  …element only. . The state concedes that Trejo cannot be convicted of any lesser offense that might be included within the principal charge. See Holloway v. State, 362 So. 2d 333 (Fla. 3d DCA 1978), cert. denied, 379 So. 2d 953 (Fla.), cert. denied, 449 U.S. 905, 101 S.Ct. 281, 66 L.Ed.2d 137 (1980).…
• Melvee Tucker v. State, 417 So. 2d 1006 (Fla. 3d DCA 1982)
  …ate, 103 Fla. 580, 137 So. 798 (1931); Blackmon v. State, 88 Fla. 188, 101 So. 319 (1924); Keenan v. State, 379 So. 2d 147 (Fla. 4th DC A 1980); Holloway v. State, 362 So. 2d 333 (Fla. 3d DCA 1978), cert. denied, 379 So. 2d 953 (Fla.), cert. denied, 449 U.S. 905, 101 S.Ct. 281, 66 L.Ed.2d 137 (1980). Thus, because Tucker merely requested instructions on the limitations-barred offenses, I must agree that the trial court did not err in failing to give the instructions, and we are foreclosed from affording Tuc…

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