Legal Opinion

Cook v. State

District Court of Appeal of Florida

Decided December 20, 1989No. 87-00850Published

1Opinion of the Court

THREADGILL, Judge.

Elsie Cook appeals her conviction of first degree felony murder arising from the death of her young daughter. We find merit in her contentions that the court erred in allowing certain hearsay testimony and in failing to inquire into the state’s peremptory challenge and excusal of a black venireman. We reverse and remand for a new trial.

On the morning of June 30, 1986, the badly battered body of eighteen-month-old Shannon Cook was found near the old emergency room of the DeSoto Memorial Hospital in Arcadia, Florida. Subsequent investigation led to the arrest of the child’s…

2Cases cited5 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Harrington v. CaliforniaSupreme Court of the United States · 1969
  3. Kibler v. StateSupreme Court of Florida · 1989
  4. Verni v. StateDistrict Court of Appeal of Florida · 1988
  5. State v. GarciaSupreme Court of Florida · 1970

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