CUMMINGS

v.

DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ET AL.

Citator

Cited By

• Farina v. State, 680 So. 2d 392 (Fla. 1996)
  …la.1984), cert. denied, 473 U.S. 913, 105 S.Ct. 3540, 87 L.Ed.2d 663 (1985). See also Cummings v. Dugger, 862 F. 2d 1504, 1508-09 (11th Cir.) (individual examination, while preferred when there is extensive publicity, is not required), cert. denied, 490 U.S. 1111, 109 S.Ct. 3169, 104 L.Ed.2d 1031 (1989). We cannot say that the trial court’s failure to conduct individual voir dire resulted in a trial that was fundamentally unfair. . Only the death sentence — and not the conviction — must be vacated when a jur…
• Norberto Pietri v. State, 644 So. 2d 1347 (Fla. 1994)
  …e defendant’s trial fundamentally unfair.” Id. at 425-26, 111 S.Ct. at 1905. See also Cummings v. Dugger, 862 F. 2d 1504, 1508-09 (11th Cir.) (individual examination, while preferred when there is extensive publicity, is not required), cert. denied, 490 U.S. 1111, 109 S.Ct. 3169, 104 L.Ed.2d 1031 (1989). We cannot say that the trial court’s failure to conduct individual voir dire resulted in a trial that was fundamentally unfair. The trial judge made clear that he wanted to find out whether prospective juro…
• United States v. Amjad Awan, 966 F.2d 1415 (11th Cir. 1992)
  …ocess violation: (1) where prejudice is presumed because the publicity was “sufficiently prejudicial and inflammatory and [it] ... saturated the community where the trial was held,” Cummings v. Dugger, 862 F. 2d 1504, 1511 (11th Cir.), cert. denied, 490 U.S. 1111, 109 S.Ct. 3169, 104 L.Ed.2d 1031 (1989), or where the defendant establishes actual prejudice resulting from the publicity, Coleman v. Kemp, 778 F. 2d 1487, 1490-91, 1541 (11th Cir.1985), cert. denied, 476 U.S. 1164, 106 S.Ct. 2289, 90 L.Ed.2d 730 (…