COONES

v.

FEDERAL DEPOSIT INSURANCE CORPORATION

Citator

Cited By

• Ponticelli v. State, 941 So. 2d 1073 (Fla. 2006)
  …laims on [*1083] direct appeal.5 The United States Supreme Court vacated this Court’s judgment and remanded the case for reconsideration in light of Espinosa v. Florida, 505 U.S. 1079, 112 S.Ct. 2926, 120 L.Ed.2d 854 (1992). Ponticelli v. Florida, 506 U.S. 802, 113 S.Ct. 32, 121 L.Ed.2d 5 (1992). Upon remand, this Court considered Ponticelli’s challenge to the constitutionality of the jury instructions on the heinous, atrocious, or cruel (HAC) and cold, calculated, and premeditated (CCP) aggravators. Th…
• Millan v. State, 932 So. 2d 557 (Fla. 3d DCA 2006)
  …ang members while in prison, currently was in protective custody, and was testifying at some risk to himself. It appears that this testimony was not permissible on account of Ponticelli v. State, 593 So. 2d 483 (Fla.1991), vacated on other grounds, 506 U.S. 802, 113 S.Ct. 32, 121 L.Ed.2d 5 (1992). In that case an inmate, Freeman, was testifying for the State. Over objection, the witness was allowed to testify that it was dangerous for him to be in court testifying. Id. at 489. The court held that the testi…
• Dickason v. Marine Nat'l Bank OF Naples, N.A., 898 So. 2d 1170 (Fla. 2d DCA 2005)
  …. Nickerson represents the majority view. E.g., Dietz v. Hormel Employees Credit Union (In re Cantu), 238 B.R. 796, 800 (8th Cir. BAP 1999); Fed. Deposit Ins. Corp. v. Coones (In re Coones), 954 F. 2d 596, 599 (10th Cir.), vacated on other grounds, 506 U.S. 802, 113 S.Ct. 31, 121 L.Ed.2d 4 (1992); Maxl Sales Co. v. Critiques, Inc., 796 F. 2d 1293, 1298 (10th Cir. 1986); Meeks v. First Bank of S. Ark. (In re Tracy’s Flowers & Gifts, Inc.), 264 B.R. 1, 7 (Bankr.W.D.Ark.2001); In re McAllister, 267 B.R. 614,…