JIMENEZ

v.

BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL.

Citator

Cited By

• Fitzpatrick v. State, 900 So. 2d 495 (Fla. 2005)
  …acquittal unless the evidence is such that no view which the jury may lawfully take of it favorable to the opposite party can be sustained under the law.” Lynch, 293 So. 2d at 45; see also Morrison v. State, 818 So. 2d 432, 451 (Fla.), cert. denied, 537 U.S. 957, 123 S.Ct. 406, 154 L.Ed.2d 308 (2002); Gordon v. State, 704 So. 2d 107, 112 (Fla.1997). In this case, Fitzpatrick contends that he had a consensual sexual encounter with Romines between 9 a.m. and noon— fifteen to eighteen hours before she was fou…
• Rory Enrique Conde v. State, 860 So. 2d 930 (Fla. 2003)
  …e torture and mutilation [*943] of a small child. Based upon the consistently equivocal voir dire answers given by this juror, we do not find the court erred in striking her for cause. See Morrison v. State, 818 So. 2d 432, 442 (Fla.), cert. denied, 537 U.S. 957, 123 S.Ct. 406, 154 L.Ed.2d 308 (2002); Fernandez v. State, 730 So. 2d 277, 281 (Fla.1999); Foster v. State, 679 So. 2d 747, 752 (Fla.1996). Motion for Judgment of Acquittal In his third claim, Conde asserts error in the trial court’s denial of hi…
• Broderick W. Monlyn v. State, 894 So. 2d 832 (Fla. 2004)
  …(Fla.2002) (holding that even if evidence did not support premeditated murder and one of the felony murder bases, the conviction could be affirmed if one of the bases for felony murder was supported by competent, substantial evidence), cert. denied, 537 U.S. 957, 123 S.Ct. 406, 154 L.Ed.2d 308 (2002). C. Monlyn’s Claim Regarding His Right to Testify Monlyn claims that counsel was ineffective for failing to advise him that he could testify in his own behalf during the penalty phase. At the evidentiary hea…