SYDER

v.

UNITED STATES

Citator

Cited By (28 total)

• Terry v. State, 668 So. 2d 954 (Fla. 1996)
  …the trial court erred by disallowing appellant to comment, during closing argument, on the state’s failure to call Audrin Butler as a witness. This claim is controlled by our reasoning in Haliburton v. State, 561 So. 2d 248 (Fla.1990), cert. denied, 501 U.S. 1259, 111 S.Ct. 2910, 115 L.Ed.2d 1073 (1991), where appellant argued that the trial court erred in refusing to allow the defense, during closing argument, to comment upon the absence of an uncalled witness’s testimony. We held that the trial judge did n…
• Finney v. State, 660 So. 2d 674 (Fla. 1995)
  …urviving spouse of victim of prior violent felony should not have been permitted to testify concerning facts of prior offense during penalty phase of capital trial where testimony was not essential to proof of prior felony conviction), cert. denied, 501 U.S. 1259, 111 S.Ct. 2910, 115 L.Ed.2d 1073 (1991). Caution must be used because of the potential that the jury will unduly focus on the prior conviction if the underlying facts are presented by the victim of that offense. Testimony concerning the circumst…
• Mahn v. State, 714 So. 2d 391 (Fla. 1998)
  …. 230, 136 L.Ed.2d 161 (1996); Allen v. State, 662 So. 2d 323 (Fla.1995); Pittman v. State, 646 So. 2d 167 (Fla.1994), cert. denied, 514 U.S. 1119, 115 S.Ct. 1982, 131 L.Ed.2d 870 (1995); Haliburton v. State, 561 So. 2d 248 (Fla.1990), cert. denied, 501 U.S. 1259, 111 S.Ct. 2910, 115 L.Ed.2d 1073 (1991). Prior Violent Felony Mahn argues that the trial court erroneously found his 1992 robbery conviction to support the prior violent felony aggravating circumstance. As we stated in Lewis v. State, 398 So. 2d…