SINCLAIR

v.

BROWN, DISTRICT ATTORNEY, PARISH OF EAST BATON ROUGE

Citator

Cited By (140 total)

• State v. Raphael Morales, 460 So. 2d 410 (Fla. 2d DCA 1984)
  …and a fair preponderance of the evidence, United States v. Ross, 321 F. 2d 61 (2d Cir.), cert. denied, 375 U.S. 894, 84 S.Ct. 170, 11 L.Ed.2d 123 (1963). Saavedra, which relies upon United States v. Grassi, 616 F. 2d 1295 (5th Cir.), cert. denied, 449 U.S. 956, 101 S.Ct. 363, 66 L.Ed.2d 220 (1980), has been cited to us for the principle that “a preponderance of the evidence test is applicable.” Saavedra, with which we agree, does endorse a preponderance test to be applied at the conclusion of all the evid…
• Saavedra v. State, 421 So. 2d 725 (Fla. 4th DCA 1982)
  …osecution has not prevailed on this point, the judge must decide whether a cautionary instruction will cleanse the record of prejudice or whether a mistrial is required. United States v. Grassi, 616 F. 2d 1295, 1300-01 (5th Cir.1980), cert. denied, 449 U.S. 956, 101 S.Ct. 363, 66 L.Ed.2d 220 (1980).3 On the other hand, if the prosecution prevails on this point, it would appear that the only final instruction to which appellant would be entitled is that on “accomplices” as provided by Florida Standard Jury…
• Perez v. State, 517 So. 2d 106 (Fla. 3d DCA 1987)
  …had; after the sale, he offered to make a second cocaine deal with the detective. The jury could well have considered this proof of the defendant’s predisposition to commit the crime. United States v. Grassi, 616 F. 2d 1295 (5th Cir.), cert. denied, 449 U.S. 956, 101 S.Ct. 363, 66 L.Ed.2d 220 (1980). Finding that appellant’s remaining points on appeal lack merit, we affirm the judgment of the trial court.…