WILSON, DBA HOLLY GROVE ESTATES

v.

WILSON ET AL.

Citator

Cited By (40 total)

• Busby v. City OF Orlando, 931 F.2d 764 (11th Cir. 1991)
  …2d 678 (1987). Rule 403 is, however, “an extraordinary remedy which should be used only sparingly since it permits the trial court to exclude concededly probative evidence.” United States v. Betancourt, 734 F. 2d 750, 757 (11th Cir.), cert. denied, 469 U.S. 1021, 105 S.Ct. 440, 83 L.Ed.2d 365 (1984). “In the normal evidentiary sense cumulative evidence is excluded because it is repetitious.” Brown v. Wainwright, 785 F. 2d 1457, 1466 (11th Cir.1986). We cannot say that the summary and graph are repetitious b…
• Marsden v. Louie Moore, 847 F.2d 1536 (11th Cir. 1988)
  …roper if it was manifestly intended or was of such a character that the jury would naturally and necessarily take it to be a comment on the failure of the accused to testify. United States v. Betancourt, 734 F. 2d 750, 758 (11th Cir.), cert. denied, 469 U.S. 1021, 105 S.Ct. 440, 83 L.Ed.2d 365 (1984). Comments “on the failure of the defense, as opposed to that of the defendant, to counter or explain the testimony presented or evidence introduced is not an infringement on the [defendant’s] Fifth Amendment pri…
• United States v. Fausto D. Ruiz, 905 F.2d 499 (1st Cir. 1990)
  …ense receive identical sentences); United States v. Del Prado-Montero, 740 F. 2d 113, 115 (1st Cir.) (“a discrepancy between sentences imposed on those who have stood trial and those who have not does not constitute reversible error”), cert. denied, 469 U.S. 1021, 105 S.Ct. 441, 83 L.Ed.2d 366 (1984). IV. CONCLUSION The well being dry, we need go no further. On this record, we have every confidence that appellant was fairly tried, justly convicted, and appropriately sentenced. Affirmed. . After a two wee…