GIUCHICI

v.

PITCHER, WARDEN

Citator

Cited By

• Lukehart v. State, 70 So. 3d 503 (Fla. 2011)
  …86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), when he was handcuffed by Trooper Richard E. Davis, handcuffed by Deputy Jeff Gardner, and detained under the Baker Act.2 On June 25, 2001, the United States Supreme Court denied certiorari. Lukehart v. Florida, 533 U.S. 934, 121 S.Ct. 2561, 150 L.Ed.2d 726 (2001). On September 27, 2001, Lukehart filed a shell motion for postconviction relief. The trial court granted the State’s motion to strike the shell motion as improper. On June 20, 2002, Lukehart filed a motion to…
• Gosciminski v. State, 994 So. 2d 1018 (Fla. 2008)
  …blood on the ring. With regard to closing arguments, this Court has held that logical inferences may be drawn, and counsel is allowed to advance all legitimate arguments from the evidence. Lukehart v. State, 776 So. 2d 906 (Fla.2000), cert. denied, 533 U.S. 934, 121 S.Ct. 2561, 150 L.Ed.2d 726 (2001). However, the trial court erroneously allowed the State to suggest during its cross-examination of Gosciminski that the ring he gave Ms. Thomas was black and dirty from the blood of Joan Loughman; thus, this e…
• Dorsey v. State, 942 So. 2d 983 (Fla. 5th DCA 2006)
  …Our supreme court agreed, finding “the act constituting the aggravated child abuse merged into the infant’s homicide.” Brooks at 198. In its opinion, the court found its prior decision of Lukehart v. State, 776 So. 2d 906 (Fla.2000), cert. denied, 533 U.S. 934, 121 S.Ct. 2561, 150 L.Ed.2d 726 (2001) and the Fourth District Court of Appeal’s decision of Mapps v. State, 520 So. 2d 92 (Fla. 4th DCA), rev. denied, 528 So. 2d 1182 (Fla.1988), to be distinguishable. In Lukehart, the defendant was convicted of f…