Legal Opinion

Rodriguez v. State

District Court of Appeal of Florida

Decided July 14, 1970No. 69-1031PublishedCited by 5 opinions

1Per curiam

By this criminal appeal, the defendants raise several questions relating to: (1) The failure of the trial judge to grant a severance upon a pre-trial motion; (2) The failure to grant a mistrial because of alleged prejudicial comments by the State’s witness; and (3) Alleged irregularity in the admission of certain evidence which had been previously identified. We affirm.

It is within the discretion of a trial judge to grant a severance and it is incumbent upon an appellant, when urging error on this ground, to demonstrate an abuse of this discretion. Jackman v. State, Fla.App.1962, 140 So.2d…

2Cases cited7 opinions

  1. Jackman v. StateDistrict Court of Appeal of Florida · 1962
  2. Williams v. StateSupreme Court of Florida · 1953
  3. Tribue v. StateDistrict Court of Appeal of Florida · 1958
  4. Simpson v. StateDistrict Court of Appeal of Florida · 1968
  5. Gurr v. StateSupreme Court of Florida · 1942

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Stripling v. StateDistrict Court of Appeal of Florida · 1977
  2. Ballard v. StateDistrict Court of Appeal of Florida · 1975
  3. State v. TalaveraSupreme Court of Florida · 1971
  4. Hanks v. StateDistrict Court of Appeal of Florida · 1974
  5. Milagros-Martinez v. StateDistrict Court of Appeal of Florida · 1999

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