CULLEN

v.

FLORIDA

Citator

Cited By

• Thomas v. State, 748 So. 2d 970 (Fla. 1999)
  …right to counsel under the Fifth Amendment of the United States Constitution or Article I, section 9 of the Florida Constitution until custodial interrogation has begun or is imminent. See Cullen v. State, 699 So. 2d 1009 (Fla. 1997), cert. denied, 523 U.S. 1008, 118 S.Ct. 1194, 140 L.Ed.2d 323 (1998); State v. Guthrie, 692 So. 2d 888 (Fla.1997); Sapp v. State, 690 So. 2d 581 (Fla.1997). In the instant case, Thomas signed the constitutional rights form on April 25, the day [*982] after he was arrested for…
• Akeem Muhammad v. State, 782 So. 2d 343 (Fla. 2001)
  …uror competency is “whether the juror can lay aside any bias or prejudice and render a verdict solely on the evidence [*354] presented and the instructions on the law given by the court.” Smith v. State, 699 So. 2d 629, 635 (Fla.1997), cert. denied, 523 U.S. 1008, 118 S.Ct. 1194, 140 L.Ed.2d 323, and cert. denied, 523 U.S. 1020, 118 S.Ct. 1300, 140 L.Ed.2d 466 (1998). We acknowledge that this Court has found it reversible error for a trial court to excuse a juror for cause where the juror, while having rese…
• Kearse v. State, 770 So. 2d 1119 (Fla. 2000)
  …nt in the determination of juror bias. The trial court is able to see the jurors’ voir dire responses and make observations which simply cannot be discerned from an appellate record.” Smith v. State, 699 So. 2d 629, 635-36 (Fla.1997), cert. denied, 523 U.S. 1008, 118 S.Ct. 1194, 140 L.Ed.2d 323 and cert. denied, 523 U.S. 1020, 118 S.Ct. 1300, 140 L.Ed.2d 466 (1998); see also Taylor v. State, 638 So. 2d 30, 32 (Fla. 1994). It is the trial court’s duty to determine whether a challenge for cause is proper. See…