IN THE INTEREST OF J. W. P., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
IN THE INTEREST OF J. W. P., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
311 So. 2d 116
Florida District Court of Appeal, First District (1975)
Positive Treatment
Cited by 24 cases
Opinion of the Court
PER CURIAM.
This appeal is from a judgment of guilty of possession of controlled substance and adjudication of delinquency.
The point raised on appeal is:
“Whether the Appellant, in producing the contents of his pockets in response to the officers’ inquiries, can be said to have freely, voluntarily, knowingly, and intelligently waived his right to be protected by the Fourth Amendment to the United States Constitution”.
The question raised in this case was answered by this Court in an analogous case of D. L. C. v. State, Fla.App., 298 So. 2d 480.
Accordingly, the judgment and adjudication herein is
Affirmed.
BOYER, Acting C. J., JOHNSON, J., and STEWART, LEON F., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Schreidell v. Rabbi Bernard P. Shoter, 500 So. 2d 228 (Fla. 3d DCA 1986)…, 346 So. 2d 95 (Fla. 3d DCA), cert. denied, 354 So. 2d 980 (Fla.1977). Rather, the standard of 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…
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Clooney v. Geeting, 352 So. 2d 1216 (Fla. 2d DCA 1977)…on concurrent causation when two criteria are met: first, the facts as viewed most favorably to the plaintiff support the need for such an instruction; and second, the failure to give the instruction may mislead the jury. See also Little v. Miller, 311 So. 2d 116 (Fla. 4th DCA 1975). As to the first criterion: Viewing the evidence most favorably to appellants, as we must on the posture of the case now before us, we find it sufficiently shows concurrent negligence of Mrs. Saumell, Geet-ing, and Bragg to warr…
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Tilley v. Broward Hosp. Dist., 458 So. 2d 817 (Fla. 4th DCA 1984)…So. 2d 153, 154 (Fla. 2d DCA 1975). The standard for reviewing the failure to give a jury instruction 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 and Insulation Contractors, Inc., 306 So. 2d at 155. It is clear that the omitted standard jury instruction 5.1(b) addressed a material issue in the case. The record contains much expert testim…
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- D. L. C. v. State, 298 So. 2d 480 (Fla. 1st DCA 1974)