KENNEDY

v.

STATE BAR OF CALIFORNIA

Citator

Cited By

• Barnes v. State, 743 So. 2d 1105 (Fla. 4th DCA 1999)
  …itself to the extent that a verdict of guilty could not have been obtained without the assistance of the alleged error.” Kilgore v. State, 688 So. 2d 895, 898 (Fla.1996) (quoting from State v. Delva, 575 So. 2d 643, 644-45 (Fla.1991), cert. denied, 522 U.S. 832, 118 S.Ct. 103, 139 L.Ed.2d 58 (1997)). It is true that this prosecutorial excess is but a single comment, and that we are implicitly rejecting defendant’s argument that other comments of this prosecutor are also improper enough to require a new tr…
• Henry v. State, 743 So. 2d 52 (Fla. 5th DCA 1999)
  …unsel to be Raised for the First Time on Appeal as Fundamental Error: Are Florida Courts Throwing Out the Baby with the Bath Water?, 26 Fla. St. U.L.Rev. 97, 114 (1998). . Id. at 99. . See Kilgore v. State, 688 So. 2d 895 (Fla.1996), cert. denied, 522 U.S. 832, 118 S.Ct. 103, 139 L.Ed.2d 58 (1997); Ray v. State, 403 So. 2d 956 (Fla.1981); Tyus v. Apalachicola N. RR., 130 So. 2d 580 (Fla.1961). . One of the most difficult problems is the extreme degree of disagreement among judges about what is objectiona…
• Deidre M. Hunt v. State, 753 So. 2d 609 (Fla. 5th DCA 2000)
  …premeditation if the circumstances of the killing and the conduct of the accused convince you beyond a reasonable doubt of the existence of premeditation at the time of the killing. In Kilgore v. State, 688 So. 2d 895, 897 (Fla.1996), cert. denied, 522 U.S. 832, 118 S.Ct. 103, 139 L.Ed.2d 58 (1997), the supreme court addressed a similar situation. There, the defendant appealed the trial court’s denial of his special “heat of passion” exception to premeditation. In that case, the defendant was convicted of…