DAVID DWAYNE TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
David Dwayne Turner was convicted of first-degree murder and sentenced to life imprisonment after asserting an insanity defense at trial. Turner appealed, challenging the M'Naghten insanity test, the sufficiency of evidence on premeditation, prosecutorial comments regarding expert witnesses, and trial court conduct. The appellate court affirmed the conviction, finding ample evidence supporting the jury's verdict and rejecting all of Turner's arguments.
The court affirmed Turner's conviction, holding that the M'Naghten 'right or wrong' test remains valid law in Florida; the evidence, though largely circumstantial, was sufficient to prove premeditation beyond a reasonable doubt; the prosecutor's references to 'court-appointed' or 'state appointed' psychiatrists were merely for identification purposes and did not unfairly prejudice the jury; and the trial court's management of the trial was proper and did not deny Turner a fair trial or effective assistance of counsel.
[1] A jury's verdict will be upheld on appeal if there is ample evidence to support it.
[2] The M'Naghten rule remains the governing test for insanity in this jurisdiction.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In our examination of the record we find ample evidence to support the verdict.”
The court's foundational conclusion that the jury verdict was supported by sufficient evidence.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceTurner was charged with first-degree murder and pleaded not guilty by reason of insanity. Six psychiatrists testified—three for the State testifying d…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Not Guilty By Reason Of Insanity cases and more on FLexlaw
PER CURIAM.
To a charge of murder in the first degree defendant, David Dwayne Turner, interposed a plea of not guilty by reason of insanity. He was duly tried, convicted and sentenced to prison for life. This appeal is from the verdict and sentence.
Six psychiatrists testified in the cause evenly divided between the State and defense. Each of the State’s witnesses testified that defendant was sane at the time the offense was committed. Each of the defense witnesses testified the defendant was insane at the time. The jury, weighing such question along with the other evidence in the cause, including the testimony of defendant, concluded the defendant was sane and, there being no other defense offered, found him guilty as charged. In our examination of the record we find ample evidence to support the verdict.
The defendant attacks the M’Nagh-ten test for insanity which has long been the law of this State. The trial judge correctly charged the jury on the subject using the Standard Jury Instruction which embraces the requirements of the M’Nagh-ten Rule. It is noted such instruction was given with the approval of defense counsel. This “right or wrong” test has been consistently followed by the Supreme Court in the face of numerous attacks. As late as 1973 that Court once again upheld it. Anderson v. State, 276 So. 2d 17 (Fla.1973). We are bound by that decision. See Gilliam v. Stewart, Supreme Court, 291 So. 2d 593, opinion filed January 10, 1974, rehearing denied April 9, 1974.
Defendánt also argues here that the State failed to prove the essential element of premeditation. We find no merit in this contention. While the evidence here was largely circumstantial, it is sufficient and competent to prove beyond a reasonable doubt that the defendant shot the deceased with a premeditated design to effect her death. McDaniel v. Wainwright, 226 So. 2d 856 (Fla.App.1st 1969).
The defendant also complains of the state attorney’s constant reference throughout the trial to the testimony of the “court appointed” or “state appointed” psychiatrists. “Apparently,” so the defendant says, “this was to show the jury that the State’s psychiatrists would not be influenced, as would the appellant’s [defendant’s] psychiatrists by the lure of later examinations.” Our examination of this large record does not leave the impression that such reference was in anywise for the purpose of giving undue weight to their credibility, but was primarily for the purpose of identifying them. This must also have been the reaction, at the time the statements were made, of defense counsel for nowhere do we find any objection in the record.
Finally, defendant charges that “the constant actions of the trial court deprived the appellant of a fair trial and the full and effective assistance of counsel guaranteed to him by our Constitution.” The trial judge very properly ran the trial of this cause. And, we think he very properly stopped counsel on both sides when they repeatedly plowed over the same ground. The record does not support the charges of unfairness by the trial judge, and those incidents specifically related in appellant’s brief, singly, or cumulatively do not demonstrate any bias or prejudice to one side or the other. The other points raised and discussed under the 34 assignments of error have been duly considered. We find them to be without merit.
Affirmed.
BOYER, Acting C. J., McCORD, J., and DREW (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pulido v. State, 566 So. 2d 1388 (Fla. 3d DCA 1990)…any error (a) in permitting various police witnesses to refer to the complaining witness in this case as the “victim,” inasmuch as such reference did not, as urged, constitute a vouching for the credibility of said complainant, see Turner v. State, 297 So. 2d 640 (Fla. 1st DCA 1974); cf. Tingle v. State, 536 So. 2d 202 (Fla.1988) (witness testified as to whether victim was telling the truth); Fuller v. State, 540 So. 2d 182 (Fla. 5th DCA 1989) (same), and (b) in precluding the defendant from cross examining…
Authorities Cited
- Gilliam v. Stewart, 291 So. 2d 593 (Fla. 1974)
- Earnest Eugene Anderson v. State, 276 So. 2d 17 (Fla. 1973)
- McDANIEL v. Louie L. Wainwright, 226 So. 2d 856 (Fla. 1st DCA 1969)