LEROY HOWARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (26 total)

• Mark N. Goldschmidt, M.D. v. Jerri Taletha Holman, 571 So. 2d 422 (Fla. 1990)
  …2d 569, 569 (Fla.1962). Under the circumstances presented in this case, we find there was no “reasonable possibility that the jury could have been misled by the failure to give the instruction.” Ruiz v. Cold Storage & Insulation Contractors, Inc., 306 So. 2d 153, 155 (Fla. 2d DCA), cert. denied, 316 So. 2d 286 (1975); see Wilson v. Boca Raton Community Hosp., Inc., 511 So. 2d 313, 314 (Fla. 4th DCA), review denied, 519 So. 2d 988 (Fla.1987). The thrust of the entire trial centered solely upon whether Golds…
• State v. Terry, 336 So. 2d 65 (Fla. 1976)
  …n Winston v. State, 308 So. 2d 40 (Fla.1975); Dorminey v. State, 314 So. 2d 134 (Fla.1975) and Lavatt v. State, 316 So. 2d 261 (Fla.1975). Also by the District Courts of Appeal in Boykin v. State, 305 So. 2d 831 (Fla.App. 1st 1975); Howard v. State, 306 So. 2d 153 (Fla.App. 1st 1975); McIntyre v. State, 306 So. 2d 160 (Fla.App. 4th 1975); Ballard v. State, 307 So. 2d 826 (Fla.App. 1st 1975); Cooper v. Wainwright, 308 So. 2d 182 (Fla.App. 4th 1975); Gomez v. State, 309 So. 2d 56 (Fla.App. 2d 1975); Pullman v.…
• Schreidell v. Rabbi Bernard P. Shoter, 500 So. 2d 228 (Fla. 3d DCA 1986)
  …review is “whether ... there was a reasonable possibility that the jury could have been misled by the failure to give the instruction.” Little v. Miller, 311 So. 2d 116, 119 (Fla. 4th DCA 1975) (quoting Ruiz v. Cold Storage & Insulation Contractors, 306 So. 2d 153, 155 (Fla. 2d DCA 1975)). More importantly, this in turn depends on whether the omitted instructions addressed a material issue in the case that was not covered by the remaining instructions. Tilley v. Broward Hospital District, 458 So. 2d 817 (Fla.…

Authorities Cited

• Johnson v. State, 308 So. 2d 38 (Fla. 1974)