BOLINDER

v.

GALLARDO

Citator

Cited By

• James v. State, 695 So. 2d 1229 (Fla. 1997)
  …62 So. 2d 677, 682 (Fla.1995). In that regard, a trial judge in a criminal case is not constrained to give only those instructions that are contained in the Florida Standard Jury Instructions. Cruse v. State, 588 So. 2d 983 (Fla.1991), cert. denied, 504 U.S. 976, 112 S.Ct. 2949, 119 L.Ed.2d 572 (1992). In this case, the trial court instructed the jury, pursuant to the State’s request, that the “prior violent felony” aggravator includes violent felony convictions resulting from crimes committed on separate…
• Carpenter v. State, 785 So. 2d 1182 (Fla. 2001)
  …62 So. 2d 677, 682 (Fla.1995). In that regard, a trial judge in a criminal case is not constrained to give only those instructions that are contained in the Florida Standard Jury Instructions. Cruse v. State, 588 So. 2d 983 (Fla.1991), cert. denied, 504 U.S. 976, 112 S.Ct. 2949, 119 L.Ed.2d 572 (1992). James v. State, 695 So. 2d 1229, 1236 (Fla.1997); see also Fla.R.Crim.P. 3.985; Steele v. State, 561 So. 2d 638 (Fla. 1st DCÁ 1990); see generally 15A Fla.Jur.2d Criminal Law § 3507 (1993). We also' note, ho…
• THE Florida BAR v. Clement, 662 So. 2d 690 (Fla. 1995)
  …1991) (lay opinion about a person’s sanity permissible if witness testifies based on personal knowledge or observations and such knowledge or observations gained in a time reasonably proximate to the events giving rise to prosecution), cert. denied, 504 U.S. 976, 112 S.Ct. 2949, 119 L.Ed.2d 572 (1992); Hansen v. State, 585 So. 2d 1056, 1058-59 (Fla. 1st DCA) (lay witness may give opinion on sanity based on impressions of defendant’s behavior, but cannot testify to purely legal conclusions such as whether de…