FLOWER

v.

UNITED STATES

Citator

Cited By

• Nixon v. Singletary, 758 So. 2d 618 (Fla. 2000)
  …nceded in his closing argument that the evidence of his client’s guilt was overwhelming. These appear to be trial errors amenable to Strickland analysis. See Scarpa [*634] v. DuBois, 38 F. 3d 1, 12 (1st Cir.1994) (criticizing Swanson), cert. denied, 513 U.S. 1129, 115 S.Ct. 940, 130 L.Ed.2d 885 (1995). 103 F. 3d at 1229 n.12 (emphasis added). In Vines v. United States, 28 F.8d 1123 (11th Cir.1994), the Eleventh Circuit stated: “Cronic’s presumption of prejudice applies to only a very narrow spectrum of cas…
• Neal v. State, 695 So. 2d 496 (Fla. 1st DCA 1997)
  …to support the jury’s verdicts. Peterka v. State, 640 So. 2d 59 (Fla.1994) (holding that, where competent substantial evidence supports a jury’s verdict, the trial judge properly denies a defendant’s motion for judgment of acquittal), cert. denied, 513 U.S. 1129, 115 S.Ct. 940, 130 L.Ed.2d 884 (1995). We therefore affirm Neal’s convictions without further discussion. The trial judge sentenced Neal to life in prison for murder, and to 112 months in prison for Neal’s other offenses, concurrent with the life…
• Brown v. State, 707 So. 2d 849 (Fla. 4th DCA 1998)
  …how the victim’s state of mind, not the declarant’s (Brown) as required by the statute. The cases applying this exception involve circumstances where [*851] the declarant victim was dead. See Peterka v. State, 640 So. 2d 59 (Fla.1994), cert. denied, 513 U.S. 1129, 115 S.Ct. 940, 130 L.Ed.2d 884 (1995); State v. Bradford, 658 So. 2d 572 (Fla. 5th DCA1995). We are unable to find this error harmless. The case essentially turned on the testimony of James and Brown, a traditional swearing match. If the state wan…