BOLDER

v.

MISSOURI; MELSON V. TENNESSEE

Citator

Cited By

• Kennedy Eberhardt v. State, 550 So. 2d 102 (Fla. 1st DCA 1989)
  …is contention, Maxwell v. Wainwright, 490 So. 2d 927 (Fla.), cert. denied 479 U.S. 972, 107 S.Ct. 474, 93 L.Ed.2d 418 (1986); Elledge v. State, 408 So. 2d 1021 (Fla.1981), cert. denied 459 U.S. 981, 103 S.Ct. 316, 74 L.Ed.2d 293 (1982), reh’g denied 459 U.S. 1137, 103 S.Ct. 771, 74 L.Ed.2d 984 (1983); and Gates v. Zant, 863 F. 2d 1492 (11th Cir.), reh’g denied 880 F. 2d 293 (1989). Pointing out that Eberhardt’s counsel did not ask any potential juror whether he or she saw the defendant in prison clothes and…
• McCOY v. State, 503 So. 2d 371 (Fla. 5th DCA 1987)
  …sheriff. However, “[t]he critical issue in a restraint case is the degree of prejudice caused by the restraint.” Elledge v. State, 408 So. 2d 1021, 1022-1023 (Fla.1981); cert. denied, 459 U.S. 981,103 S.Ct. 316, 74 L.Ed.2d 293 (1982); reh’g denied, 459 U.S. 1137, 103 S.Ct. 771, 74 L.Ed.2d 984 (1983). [*372] In this case, McCoy was unable to demonstrate any impairment or detriment during his one-and-a-half day trial warranting reversal. AFFIRMED. DAUKSCH and COBB, JJ„ concur.…
• Smith v. Armontrout, 888 F.2d 530 (8th Cir. 1989)
  …utweigh others is not really a question of fact, not the kind of issue to which the concept of “burden of proof” can easily be applied. As the Supreme Court of Missouri said in State v. Bolder, 635 S.W. 2d 673, 684 (Mo.1982) (en banc), cert. denied, 459 U.S. 1137, 103 S.Ct. 770, 74 L.Ed.2d 983 (1983), the issue involves “a more subjective process,” one in which judgment, discretion, and moral sensibility play a large part. Finally, petitioner claims Instruction No. 25 is inconsistent with Mills v. Maryland,…

Authorities Cited

• Gregg v. Georgia, 428 U.S. 153 (U.S. 1976)