DEBLASE

v.

ROTH, WARDEN, ET AL.

Citator

Cited By (25 total)

• Goodwin v. State, 751 So. 2d 537 (Fla. 1999)
  …error, we applied this standard in subsequent decisions regarding other types of errors, except those requiring per se reversal. See, e.g., State v. Davis, 720 So. 2d 220, 230 (Fla.1998); Moore v. State, 701 So. 2d 545, 550 (Fla.1997), cert. denied, 523 U.S. 1083, 118 S.Ct. 1536, 140 L.Ed.2d 685 (1998); State v. Lee, 531 So. 2d 133, 134 (Fla.1988). [*542] Our decision in Lee is especially important for our analysis in this case. In Lee, this Court considered a certified question regarding whether the DiGuili…

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• Rutherford v. Moore, 774 So. 2d 637 (Fla. 2000)
  …411, 418 n. 8 (1998) (quoting Kilgore v. State, 688 So. 2d 895, 898 (Fla.1996)); see also Chandler v. State, 702 So. 2d 186, 191 n. 5 (Fla.1997) (describing “fundamental error” as error “so prejudicial as to vitiate the entire trial”), cert. denied, 523 U.S. 1083, 118 S.Ct. 1535, 140 L.Ed.2d 685 (1998). A witness is incompetent to testify if the trial court determines the witness is (1) unable to communicate to the jury; (2) unable to understand the duty to tell the truth; or (3) unable to perceive and reme…
• Mansfield v. State, 758 So. 2d 636 (Fla. 2000)
  …consciously suffered pain for the aggravator to apply. We have previously addressed and affirmed the constitutionality of the objected-to heinous, atrocious, or cruel instruction. See Chandler v. State, 702 So. 2d 186, 201 (Fla.1997), cert. denied, 523 U.S. 1083, 118 S.Ct. 1535, 140 L.Ed.2d 685 (1998); James v. State, 695 So. 2d 1229, 1235 (Fla.1997). We see no reason to retreat from that position. Moreover, Mansfield’s claim of error as to the trial court’s rejection of his proposed instruction essentiall…