Legal Opinion

Carter v. State

District Court of Appeal of Florida

Decided June 5, 2013No. 4D11-2638PublishedCited by 6 opinions

1Opinion of the CourtConner, J.

Jeffery E. Carter was charged with and convicted of two counts of aggravated battery. The State alleged he attacked two individuals using a knife. Carter appeals his conviction contending the trial court erred by (1) allowing a deputy to testily about two statements obtained from other witnesses; (2) giving the standard justifiable use of deadly force instruction at the State’s request over his objection; and (3) allowing improper rebuttal testimony. We affirm the trial court on giving the justifiable use of deadly force instruction, but reverse for a new trial after concluding the admission…

2Cases cited16 opinions

  1. Robertson v. StateSupreme Court of Florida · 2002
  2. Nardone v. StateDistrict Court of Appeal of Florida · 2001
  3. Jackson v. StateSupreme Court of Florida · 1986
  4. Garramone v. StateDistrict Court of Appeal of Florida · 1994
  5. McElveen v. StateDistrict Court of Appeal of Florida · 1982

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3Cited by6 opinions

  1. Browne v. StateDistrict Court of Appeal of Florida · 2014
  2. Hosnedl v. StateDistrict Court of Appeal of Florida · 2013
  3. Michael Cunningham v. StateDistrict Court of Appeal of Florida · 2015
  4. GARY TIMOTHY KITCHINGS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020
  5. Jackson v. StateDistrict Court of Appeal of Florida · 2015

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