BAILEY

v.

YUKINS, WARDEN

Citator

Cited By

• England v. State, 940 So. 2d 389 (Fla. 2006)
  …is not properly preserved and must be reviewed for fundamental error. Fundamental error at the [*404] penalty phase “must be so prejudicial as to taint the jury’s recommended sentence.” Peterka v. State, 890 So. 2d 219, 243 (Fla.2004), cert. denied, 545 U.S. 1118, 125 S.Ct. 2911, 162 L.Ed.2d 301 (2005). No fundamental error occurred. This Court has long held that the use of restraints, such as a gag, is within the trial court’s sound discretion. Elledge v. State, 408 So. 2d 1021, 1022-23 (Fla.1981). Theref…
• Sipple v. State, 972 So. 2d 912 (Fla. 5th DCA 2007)
  …ficient. See Peterka v. State, 890 So. 2d 219, 229 (Fla.2004) (“Wé conclude that in light of Peterka’s statement to police, trial counsel presented a viable, coherent defense strategy of either self-defense or unintentional killing.”), cert, denied, 545 U.S. 1118, 125 S.Ct. 2911, 162 L.Ed.2d 301 (2005); Henry v. State, 862 So. 2d 679 (Fla.2003); Wright. Based on Sipple’s statement to the police, which was admitted into evidence, we conclude that Sipple met his burden of presenting a pri-ma facie case of self…