SMITH

v.

OZMINT, DIRECTOR, SOUTH CAROLINA DEPARTMENT OF CORRECTIONS

Citator

Cited By

• Wydell Jody Evans v. State, 946 So. 2d 1 (Fla. 2006)
  …s convicted of first-degree murder and subsequently sentenced to death. He was also convicted of kidnapping and aggravated assault. We affirmed his convictions and sentences on direct appeal. Evans v. State, 838 So. 2d 1090 (Fla.2002), cert. denied, 540 U.S. 846, 124 S.Ct. 121, 157 L.Ed.2d 84 (2003). Evans now1 appeals an order of the circuit court denying his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We h…

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• Mencos v. State, 909 So. 2d 349 (Fla. 4th DCA 2005)
  …confrontation have been made in cases throughout this nation’s history. See Crawford, 541 U.S. at 49-50, 124 S.Ct. 1354. Meneos asserted on appeal and in his motion for rehearing that due to Evans v. State, 838 So. 2d 1090 (Fla.2002), cert. denied, 540 U.S. 846, 124 S.Ct. 121, 157 L.Ed.2d 84 (2003), this court could consider his Sixth Amendment challenge since the hearsay objection raised was closely related to the right of confrontation. In Evans, the Supreme Court of Florida decided, on the merits, whet…

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• Conner v. State, 910 So. 2d 313 (Fla. 5th DCA 2005)
  …efendant has the burden of proof, the state is forbidden from commenting on the defendant’s failure to produce evidence to refute an element of the crime he or she is charged with committing. Evans v. State, 838 So. 2d 1090 (Fla.2002), cert. denied, 540 U.S. 846, 124 S.Ct. 121, 157 L.Ed.2d 84 (2003); Jackson. However, the courts apply a narrow exception that allows appropriate comment when the defendant voluntarily assumes a burden of proof by asserting the defenses of alibi, self-defense, and defense of o…