Kirby v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the photograph of the crime scene was relevant because it helped to explain and corroborate the victim’s testimony and that it was not so inflammatory so as to create undue prejudice in the minds of the jurors
• stating that a photograph is admissible if relevant to an issue at trial, either independently or to corroborate other evidence, unless the probative value is outweighed by undue prejudice
• providing that digital penetration is included in the definition of “sexual battery”
• where defendant forced victim to insert her fingers into her vagina, court held that finger is \object\ within context of Florida sexual battery statute
• “It is well established under Florida law that a prosecutor may comment to a jury during closing arguments on the absence of evidence on a particular issue.”
• examining whether photographs of the crime scene were admissible

Source: CourtListener parenthetical corpus (CC0).

Cited by

13 cases in this archive cite this case.

• Agatheas v. State
  Supreme Court of Florida· 2011-12-15· cited 23×
• KEELEY
  Board of Immigration Appeals· 2017-07-01· cited 7×
• AGATHEAS v. State
  District Court of Appeal of Florida· 2010-02-24· cited 4×
• Dorman v. State
  District Court of Appeal of Florida· 1994-06-21· cited 4×
• Harris v. State
  District Court of Appeal of Florida· 2006-08-18· cited 4×
• Williams v. State
  District Court of Appeal of Florida· 2003-01-15· cited 4×
• MacKey v. State
  District Court of Appeal of Florida· 1997-12-24· cited 3×
• Clark v. State
  District Court of Appeal of Florida· 2002-07-01· cited 2×
• Commonwealth v. Prado
  Massachusetts Appeals Court· 2018-10-17· cited 2×
• Vasser v. State
  District Court of Appeal of Florida· 2002-02-15· cited 1×
• Olivera v. State
  District Court of Appeal of Florida· 1998-09-16
• Smith v. State
  District Court of Appeal of Florida· 1999-05-12
• Ana Karen Galdamez v. The State of Florida
  District Court of Appeal of Florida· 2024-07-17

Cites

28 cases in this archive are cited by this case; the 20 most cited are listed.

• State v. DiGuilio
  Supreme Court of Florida· 1986-07-17· cited 2,703×
• State v. Johnson
  Supreme Court of Florida· 1993-01-14· cited 239×
• State v. Murray
  Supreme Court of Florida· 1984-01-12· cited 147×
• Karchesky v. State
  Supreme Court of Florida· 1992-01-16· cited 136×
• Fenelon v. State
  Supreme Court of Florida· 1992-02-13· cited 93×
• White v. State
  Supreme Court of Florida· 1979-09-27· cited 71×
• State v. Kinchen
  Supreme Court of Florida· 1985-08-30· cited 60×
• Leach v. State
  Supreme Court of Florida· 1961-06-16· cited 58×
• Budd v. State
  District Court of Appeal of Florida· 1985-10-23· cited 54×
• David v. State
  Supreme Court of Florida· 1979-03-22· cited 53×
• Garmise v. State
  District Court of Appeal of Florida· 1975-04-08· cited 38×
• Silvestri v. State
  District Court of Appeal of Florida· 1976-05-14· cited 34×
• Zamora v. State
  District Court of Appeal of Florida· 1978-07-20· cited 28×
• DeBenedictis v. Florida
  Supreme Court· 1980-10-06· cited 28×
• Bauldree v. State
  Supreme Court of Florida· 1973-10-10· cited 25×
• State v. Sheperd
  Supreme Court of Florida· 1985-11-25· cited 24×
• King v. State
  District Court of Appeal of Florida· 1989-05-31· cited 20×
• State v. Silvestri
  Supreme Court of Florida· 1976-12-16· cited 18×
• Surace v. State
  District Court of Appeal of Florida· 1980-01-08· cited 15×
• Grunzel v. State
  District Court of Appeal of Florida· 1986-03-06· cited 12×