JENKINS

v.

WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

Citator

Cited By (15 total)

• NOE v. State, 586 So. 2d 371 (Fla. 1st DCA 1991)
  …., at 351. Prejudice from pretrial publicity is presumed where the publicity was sufficiently prejudicial and inflammatory that it pervaded the community where the trial was held. Coleman v. Kemp, 778 F. 2d 1487, 1490 (11th Cir.1985), cert. denied, 476 U.S. 1164, 106 S.Ct. 2289, 90 L.Ed.2d 730 (1986), citing Rideau v. Louisiana, 373 U.S. 723, 83 S.Ct. 1417, 10 L.Ed.2d 663 (1963); Murphy v. Florida, 95 S.Ct. at 2035. In Rideau, the defendant confessed to robbing a bank in a Louisiana parish, kidnapping three…
• United States v. Garcia, 13 F.3d 1464 (11th Cir. 1994)
  …g. Jenkins v. Wainwright, 763 F. 2d 1390, 1392 (11th Cir.1985) (“This court has long recognized the particular importance of searching cross-examination of witnesses who have substantial incentive to cooperate with the prosecution.”), cert. denied, 476 U.S. 1164, 106 S.Ct. 2290, 90 L.Ed.2d 730 (1986). Full cross-examination by defense counsel is especially critical when the witness sought to be questioned is the chief government witness. Lankford, 955 F. 2d at 1548. The right to cross-examine, however, i…
• Bertolotti v. Dugger, 883 F.2d 1503 (11th Cir. 1989)
  …is case “is of that rare breed which does exceed the extremely high threshold test of presumed prejudice requiring a change of venue.” Coleman v. Kemp, 778 F. 2d 1487, 1489 (11th Cir.1985), reh. in banc den., 782 F. 2d 896 (11th Cir.), cert. denied, 476 U.S. 1164, 106 S.Ct. 2289, 90 L.Ed.2d 730 (1986). We disagree. The record contains two news articles that appeared in the Orlando Sentinel in October of 1983, five months before the trial. The articles, one of which appeared on the front page of the Sentinel…