LACE ET AL.

v.

UNITED STATES; OGROD ET AL. V. SCHOOL DISTRICT OF PHILADELPHIA; SUPERIOR OIL CO. V. CITY OF PORT ARTHUR, TEXAS, ET AL.; MAZALESKI V. MAY; VALERINO V. VALERINO; THEOHAROUS V. DEER RUN SHORES PROPERTY OWNERS ASSN., INC.; MARTIN V. UNITED STATES; SMITH V. GEORGIA; HUDAK V. CURATORS OF THE UNIVERSITY OF MISSOURI ET AL.; JOHNSON V. TENNESSEE; BROOKS V. ZANT, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER; BREEDLOVE V. FLORIDA; WENDT V. MACDOUGALL; WAYLAND V. REGISTRY OF DEEDS, SALEM, ET AL.; BUCHANAN V. JEFFERSON COUNTY ET AL.; PENICK V. VIRGINIA; DICKERSON V. JOHNSON, ADMINISTRATOR, VETERANS ADMINISTRATION, ET AL.; JOHL V. TOWN OF GROTON ET AL., IN RE SIMS, SELLARS V. CITY OF LOS ANGELES, CALIFORNIA, ET AL.; DIXON V. MACDOUGALL

Citator

Cited By

• Davis v. State, 461 So. 2d 67 (Fla. 1984)
  …as to taint the entire trial as judged by the harmless error rule from Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).2 Wide latitude is permitted in arguing to a jury. Breedlove v. State, 413 So. 2d 1 (Fla.), cert. denied, 459 U.S. 1060, 103 S.Ct. 482, 74 L.Ed.2d 627 (1982). In this case the prosecutor strongly urged the jury to recommend the death penalty, but we do not find that he went overboard. Our review of the record discloses that the prosecutor restricted his argument to e…
• State v. Allen, 519 So. 2d 1076 (Fla. 1st DCA 1988)
  …se statements are inadmissible for one purpose (here as excited utterances) does not mean they are inadmissible for another purpose. Breedlove v. State, 413 So. 2d 1, 6 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149, reh’g denied, 459 U.S. 1060, 103 S.Ct. 482, 74 L.Ed.2d 627 (1982). The state has not met its burden in establishing that the trial court abused its discretion by granting appellee’s motion for new trial. The order granting appellant a new trial is therefore affirmed. SMITH,…
• Hulzberg v. State, 523 So. 2d 699 (Fla. 4th DCA 1988)
  …error since the trial judge could conclude that the testimony was not introduced to prove the truth of the matter asserted. Cf. Breedlove v. State, 413 So. 2d 1 (Fla.), cert. denied, 459 [*701] U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149, reh’g denied, 459 U.S. 1060, 103 S.Ct. 482, 74 L.Ed.2d 627 (1982); Freeman v. State, 494 So. 2d 270 (Fla. 4th DCA 1986); Johnson v. State, 456 So. 2d 529 (Fla. 4th DCA 1984), rev. denied, 464 So. 2d 555 (Fla.1985). In any event, we must also conclude that any error was harmles…