HENKEL

v.

UNITED STATES

Citator

Cited By (65 total)

• Hunter v. State, 660 So. 2d 244 (Fla. 1995)
  …etains the responsibility of the decision.” Muhammad v. State, 494 So. 2d 969, 973 (Fla.1986) (quoting Brown v. State, 245 So. 2d 68, 70 (Fla.1971), vacated in part on other grounds, 408 U.S. 938, 92 S.Ct. 2870, 33 L.Ed.2d 759 (1972)), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987). And, even when the experts’ reports conflict, it is the function of the trial court to resolve such factual disputes. Fowler v. State, 255 So. 2d 513, 514 (Fla.1971). The trial court must consider ail evidence…
• Barwick v. State, 660 So. 2d 685 (Fla. 1995)
  …arose leads us to the conclusion that the statement did not draw the jury’s attention to Barwiek’s failure to testify but merely directed the jury to consider the evidence presented. See Dufour v. State, 495 So. 2d 154, 160 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987); White v. State, 377 So. 2d 1149, 1150 (Fla.1979). In closing, defense counsel argued that the jury should consider the fact that although several officers were present at the time Barwick’s statement was tak…
• Occhicone v. State, 570 So. 2d 902 (Fla. 1990)
  …Allowing a deputy to testify about the events leading to Occhicone’s prior arrest and conviction of resisting arrest with violence was not error. Rhodes v. State, 547 So. 2d 1201 (Fla.1989); Dufour v. State, 495 So. 2d 154 (Fla.1986), cert. denied, 479 U.S. 1101, 107 S.Ct. 1332, 94 L.Ed.2d 183 (1987); King v. State, 436 So. 2d 50 (Fla.1983), cert. denied, 466 U.S. 909, 104 S.Ct. 1690, 80 L.Ed.2d 163 (1984). The court did not err in allowing lay witnesses to express their opinions as to Oc-chicone’s not be…