BANDA

v.

FLORIDA

Citator

Cited By (23 total)

• Jackson v. State, 648 So. 2d 85 (Fla. 1994)
  …ated), Rogers, 511 So. 2d at 533; and that the defendant exhibited heightened premeditation (premeditated), Id.; and that the defendant had no pretense of moral or legal justification. Banda v. State, 536 So. 2d 221, 224-25 (Fla.1988), cert. denied, 489 U.S. 1087, 109 S.Ct. 1548, 103 L.Ed.2d 852 (1989). Certainly these requirements call for more expansive instructions to give content to the CCP statutory factor.8 [*90] Otherwise, the jury is likely to apply CCP in an arbitrary manner, which is the defect c…
• Walls v. State, 641 So. 2d 381 (Fla. 1994)
  …beyond any reasonable doubt. Finally, Jackson states that the murder must have “no pretense of moral or legal justification.” Jackson, 1994 WL at *10, 19 Fla.L.Weekly at S217 (quoting Banda v. State, 536 So. 2d 221, 224-25 (Fla.1988), cert. denied, 489 U.S. 1087, 109 S.Ct. 1548, 103 L.Ed.2d 852 (1989)). Our cases on this point generally establish that a pretense of moral or legal justification is any colorable4 claim based at least partly on uncontroverted and believable factual evidence or testimony that,…
• Windom v. State, 656 So. 2d 432 (Fla. 1995)
  …at Fusco’s testimony would be either relevant to any issue in the ease or of probative value to the ease. The trial court’s ruling in respect to Sergeant Fusco was well within its discretion. Banda v. State, 536 So. 2d 221 (Fla.1988), cert. denied, 489 U.S. 1087, 109 S.Ct. 1548, 103 L.Ed.2d 852 (1989). In respect to the issue raised by the defendant pertaining to the admissibility of photographs of the victims, we likewise find that the trial court was within its discretion in admitting the photographs. M…