VELDE ET AL.

v.

NATIONAL BLACK POLICE ASSN., INC., ET AL.

Citator

Cited By (52 total)

• State v. Wimberly, 498 So. 2d 929 (Fla. 1986)
  …Alabama capital punishment statute at issue in Beck and Hopper prohibited instructions on lesser included offenses even though they were necessarily included in the capital charge. . In Harris v. State, 438 So. 2d 787, 796 (Fla.1983), cert. denied, 466 U.S. 963, 104 S.Ct. 2181, 80 L.Ed.2d 563 (1984), we buttressed our decision that a defendant in a capital case is entitled to instructions on all necessarily included offenses regardless of the evidence by citing Beck. This was incorrect because it overlooke…
• Swafford v. State, 533 So. 2d 270 (Fla. 1988)
  …of the defendant, Kokal v. State, 492 So. 2d 1317, 1319 (Fla.1986); Bottoson v. State, 443 So. 2d 962, 963 (Fla. 1983), cert, denied, 469 U.S. 873, 105 S.Ct. 223, 83 L.Ed.2d 153 (1984); Johnson v. State, 442 So. 2d 185, 188 (Fla.1983), cert, denied, 466 U.S. 963, 104 S.Ct. 2182, 80 L.Ed.2d 563 (1984), in others the factor has been approved on the basis of circumstantial evidence without any such direct statement.6 Routly v. State, 440 So. 2d 1257, 1263 (Fla.1983) (“express statement” not required), cert, de…
• Johnson v. State, 904 So. 2d 400 (Fla. 2005)
  …ed jurisdiction for reconstruction of the record and an evidentiary hearing to determine its accuracy. After receiving a supplemental transcript, we affirmed the conviction and sentence. See Johnson v. State, 442 So. 2d 193 (Fla.1983), cert. denied, 466 U.S. 963, 104 S.Ct. 2181, 80 L.Ed.2d 563 (1984). Johnson filed his first motion for post-conviction relief in 1985. The circuit court held an evidentiary hearing and eventually denied the motion. We affirmed. Johnson v. State, 593 So. 2d 206 (Fla.), cert. d…