green
Positive treatment
Quoted verbatim 2×
40.1 score
“being present in the courtroom and having listened to the witnesses, examined the exhibits, heard the arguments, and observed the jurors, the trial judge was in the best position to gauge the impact of the improper arguments on the entire trial.”
Top citers, strongest first. 12 distinct citers.
examined
Cited as authority (verbatim quote)
HIALEAH HOSPITAL, INC. v. JOSHUA MISIUS HAYES-BOURSIQUOT, etc.
(2×)
being present in the courtroom and having listened to the witnesses, examined the exhibits, heard the arguments, and observed the jurors, the trial judge was in the best position to gauge the impact of the improper arguments on the entire trial.
examined
Cited as authority (verbatim quote)
Coleman v. State
to prove constructive possession, the state must present competent, substantial evidence of the accused's knowledge of the presence of contraband and his or her ability to exercise dominion and control over it.
discussed
Cited as authority (rule)
Duncan v. Secretary, Department of Corrections (Polk County)
(Doc. 8 at 7) A trial judge grants a motion for mistrial “only when ‘an error is so prejudicial as to vitiate the entire trial, which is another way of saying that the motion should be granted only when necessary to ensure the defendant a fair trial.’” Ward v. State, 306 So. 3d 1004 , 1007 (Fla. 3d DCA 2020) (quoting Jennings v. State, 124 So. 3d 257, 265 (Fla. 3d DCA 2013)).
cited
Cited as authority (rule)
D v. v. State
See also Sanders v. State, 210 So. 3d 246, 248 (Fla. 2d DCA 2017); Jennings v. State, 124 So. 3d 257, 262 (Fla. 3d DCA 2013).
discussed
Cited as authority (rule)
Dante Martin v. State
“In determining whether improper remarks warrant a new trial, the remarks must be examined in ‘the context of the closing argument as a whole and considered cumulatively within the context of the entire record.’ ” Jennings v. State, 124 So.3d 257, 266 (Fla. 3d DCA 2013) (quoting McArthur v. State, 801 So.2d 1037, 1040 (Fla. 5th DCA 2001)).
discussed
Cited as authority (rule)
State v. Johnson
“In many instances ... the ability to control narcotics will be inferred from the ability to exercise control over the premises where they are found.” Jennings v. State, 124 So.3d 257, 263 (Fla. 3d DCA 2013) (quoting Johnson v. State, 456 So.2d 923, 924 (Fla. 3d DCA 1984)) (internal quotation marks omitted).
discussed
Cited as authority (rule)
Hudson v. State
Proof that the defendant held the shotgun was sufficient to deny a motion for judgment of acquittal, regardless of who put the shotgun in the trunk and who had immediate control over the shotgun at the .time the vehicle was stopped. 3 However, there was also sufficient evidence in this case to show that the defendant had dominion and control over the contraband at the time of the offense. “ ‘In many instances ■,.. the ability to control [contraband] will be inferred from the ability to exercise control over the premises - where they are found.’ ” Jennings v. State, 124 So.3d 257, 263…
discussed
Cited as authority (rule)
Thompson v. State
“To prove constructive possession, the State must present competent, substantial evidence of the accused’s knowledge of the presence of contraband and his or her ability to exercise dominion and control over it.” Jennings v. State, 124 So.3d 257, 262 (Fla. 3d DCA 2013)(citing Reynolds v. State, 983 So.2d 1192, 1194 (Fla. 3d DCA 2008)).
discussed
Cited "see"
Lewis Joseph Hawthorne v. the State of Florida
See Talley v. State, 260 So. 3d 562, 571-72 (Fla. 3d DCA 2019) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (citing Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013))). 2
discussed
Cited "see"
Tony Jerome Byrd, Jr. v. State of Florida
See Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (quoting Rivera v. State, 745 So. 2d 343, 345 (Fla. 4th DCA 1999))).
discussed
Cited "see"
Talley v. State
See Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (quoting Rivera v. State, 745 So. 2d 343, 345 (Fla. 4th DCA 1999))).
cited
Cited "see"
Bailey Jr. v. State
See Jennings v. State, 124 So.3d 257, 265-66 (Fla. 3d DCA 2013).
Raymond Roosevelt WEBB
v.
STATE of Florida
v.
STATE of Florida
No. 1D13-1501.
District Court of Appeal of Florida, Third District.
Sep 10, 2013.
Raymond Roosevelt Webb, pro se, Petitioner., Pamela Jo Bondi, Attorney General, and Angela R. Hensel, Assistant Attorney General, Tallahassee, for Respondent.
Nortwick, Rowe, Wolf.
Published
The petition alleging ineffective assistance of appellate counsel is denied on the merits.