Legal Opinion · Concurrence

Jovita C. Ibeagwa v. State of Florida

District Court of Appeal of Florida

Decided July 30, 2014No. 1D12-2602Published

1ConcurrenceThomas, J.

I concur with Judge Roberts’ opinion in this tragic criminal case involving the deaths of two very young children, aged six and three. Whether we might have reached a different verdict is certainly understandable, given the evidence described in the dissenting opinion, but this is not dispositive under the controlling law. Our standard of review requires us to review the evidence under the following rule: “In moving for a judgment of acquittal, a defendant ‘admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party that a jury…

2Cases cited7 opinions

  1. Lynch v. StateSupreme Court of Florida · 1974
  2. Darling v. StateSupreme Court of Florida · 2002
  3. Beasley v. StateSupreme Court of Florida · 2000
  4. Chamberlain v. StateSupreme Court of Florida · 2004
  5. Arnold v. StateDistrict Court of Appeal of Florida · 2000

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