RUBIO-ESPINOZA

v.

UNITED STATES

Citator

Cited By

• Johnston v. State, 863 So. 2d 271 (Fla. 2003)
  …ce is for the jury to determine, and where there is substantial, competent evidence to support the jury verdict, we will not reverse.” Darling v. State, 808 So. 2d 145, 155 (Fla.) (quoting State v. Law, 559 So. 2d 187, 188 (Fla.1989)), cert. denied, 537 U.S. 848, 123 S.Ct. 190, 154 L.Ed.2d 78 (2002). In meeting its burden, the State is not required to “rebut conclusively, every possible variation of events” which could be inferred from the evidence, but must introduce competent evidence which is inconsisten…
• Chamberlain v. State, 881 So. 2d 1087 (Fla. 2004)
  …tioning rests in the sound discretion of the court and will not be interfered with unless that discretion is clearly abused.” Darling v. State, 808 So. 2d 145, 160 (Fla.2002) (quoting Franqui v. State, 699 So. 2d 1312, 1322 (Fla.1997), cert. denied, 537 U.S. 848, 123 S.Ct. 190, 154 L.Ed.2d 78 (2002)). In Darling, a capital case, this Court held that the trial court did not abuse its discretion in precluding questioning of jurors concerning the death penalty. The trial court did not allow the defense to ask…

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• Dolan Darling v. State, 966 So. 2d 366 (Fla. 2007)
  …ll of Darling’s claims,2 [*373] none of which are relevant to the instant postconviction appeal. See Darling v. State, 808 So. 2d 145, 153 (Fla.2002). In October 2002, certiorari was denied by the United States Supreme Court. See Darling v. Florida, 537 U.S. 848, 123 S.Ct. 190, 154 L.Ed.2d 78 (2002). Rule 3.851 Proceedings On September 22, 2003, Darling filed a motion to vacate judgment of conviction and sentence pursuant to Florida Rule of Criminal Procedure 3.851, alleging thirty-eight claims.3 The tria…