PETROLEUM OPERATION SUPPORT SERVICE, INC., ET AL.

v.

GRINTER ET AL.

Citator

Cited By (24 total)

• Eaddy v. State, 638 So. 2d 22 (Fla. 1994)
  …reover, a trial court errs when it does not accept a defendant’s waiver of the applicable statute of limitations in order to give instructions on lesser-included offenses in a capital case. Rembert v. Dugger, 842 F. 2d 301 (11th Cir.), cert. denied, 488 U.S. 969, 109 S.Ct. 500, 102 L.Ed.2d 536 (1988). In Beck v. Alabama, 447 U.S. 625, 638, 100 S.Ct. 2382, 2390, 65 L.Ed.2d 392 (1980), the United States Supreme Court determined that a state is constitutionally prohibited from withdrawing the option of instruc…
• Weekfall v. State, 686 So. 2d 618 (Fla. 2d DCA 1996)
  …2d at 762. At least in a capital case, a strict application of the rule in Daophin appears to be unconstitutional. See Beck v. Alabama, 447 U.S. 625, 100 S.Ct. 2382, 65 L.Ed.2d 392 (1980); Rembert v. Dugger, 842 F. 2d 301 (11th Cir.), cert. denied, 488 U.S. 969, 109 S.Ct. 500, 102 L.Ed.2d 536 (1988). In this case, there is no dispute that the victim was a public servant and that Mr. Weekfall was deprived of the option of allowing the jury to convict him of the third-degree felony merely because the state…
• United States v. Chandler, 996 F.2d 1073 (11th Cir. 1993)
  …80). We have interpreted Beck as granting a defendant, who faces the possibility of a death sentence, the constitutional right to have a lesser included instruction read to the jury. Rembert v. Dugger, 842 F. 2d 301, 303 (11th Cir.), cert. denied, 488 U.S. 969, 109 S.Ct. 500, 102 L.Ed.2d 536 (1988). In both Beck and Rembert, the defendant requested that the district court give a lesser included offense instruction. Here no such request was made. The Court has also held that “[although the Beck rule res…