CARLOS JACKSON, D/B/A JACKSON ROOFERS, AND SENTRY INDEMNITY COMPANY, APPELLANTS,

v.

ADELINE K. MOFFETT AND JOHN D. MACARTHUR, APPELLEES; JOHN D. MACARTHUR, APPELLANT, V. ADELINE K. MOFFETT, APPELLEE

Citator

Cited By

• Barrant D. Douglas v. State, 652 So. 2d 887 (Fla. 4th DCA 1995)
  …a.1988), in which the court upheld a departure sentence for second degree murder because of the manner in which the victim was killed. We therefore affirm both the conviction and sentence. DELL, C.J., and GUNTHER, J., concur. . In Smith v. State, 314 So. 2d 226 (Fla. 4th DCA 1975), rev. den., 345 So. 2d 427 (1976), defendant was convicted of second degree murder and argued that because it was a crime of passion, this court should reduce the conviction to manslaughter. This court concluded that it was not a…
• State v. Smith, 360 So. 2d 21 (Fla. 4th DCA 1978)
  …6) years . . . ”1 Appellee was charged by information with second degree murder. On September 6, 1974 he was adjudged guilty and sen [*22] tenced to life imprisonment. The judgment and sentence were affirmed on appeal to this court. Smith v. State, 314 So. 2d 226 (Fla. 4th DCA 1975), cert. den., 345 So. 2d 427 (Fla.1977). The mandate from this court was filed in the trial court on April 11, 1977. Appellee filed his motion to mitigate on May 10, 1977 alleging that he had been a model prisoner and presented no…
• Villella v. State, 833 So. 2d 192 (Fla. 5th DCA 2002)
  …s the “straw that broke the camel’s back.” Id. at 344. The court noted the excluded evidence could have “significantly strengthened” the theory of defense. Id. at 345. Nevertheless, the court affirmed, finding the error harmless. In Smith v. State, 314 So. 2d 226 (Fla. 4th DCA 1975), the defendant was convicted of second degree murder in killing his wife and the court held that evidence of his wife’s prior affair would not be relevant because premeditation was not a factor in second degree murder. By way of…