DAHDAH

v.

UNITED STATES

Citator

Cited By (22 total)

• 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…
• Wuornos v. State, 644 So. 2d 1000 (Fla. 1994)
  …ent exists here. The fourth and final element is that the murder must have no pretense of moral or legal justification. Jackson, 19 Fla.L.Weekly at S217, 1994 WL 137914 at *4 (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)). A “pretense” of the type required here is any colorable claim based at least partly on uncontroverted and believable factual evidence or testimony that, but for its incompleteness, would constitute an excuse…