Rodriguez 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 defendant was entitled to an independent act instruction where murder was committed by cofelon after defendant had exited the store, and the defense theory was that the murder was a spiteful act of the cofelon as an afterthought to the attempted robbery
• concluding that the defendant was entitled to an independent act instruction because evidence existed from which the jury could determine that the acts resulting in murder were independent and were not committed to further, or in the course of, the joint felony
• holding that defendant was entitled to an independent act instruction where murder was committed by cofelon after defendant had exited the store, and the defense theory was that the murder was a spiteful act of the cofelon as an afterthought to the attempted robbery
• holding trial court erred in failing to give independent act instruction where evidence supported theory of defense that co-felon murdered convenience store clerk after robbery attempt failed out of spite and \as an afterthought to the attempted robbery\
• holding trial court erred in failing to give independent act instruction where evidence supported theory of defense that co-felon murdered convenience store clerk after robbery attempt failed out of spite and “as an afterthought to the attempted robbery”
• crediting defendant's argument that since the entire episode was filmed by three visible surveillance cameras, it was arguable that accomplice did not commit murder to eliminate witness to attempted robbery

Source: CourtListener parenthetical corpus (CC0).

Cited by

14 cases in this archive cite this case.

• Beasley v. State
  Supreme Court of Florida· 2000-10-26· cited 113×
• Dell v. State
  District Court of Appeal of Florida· 1995-11-01· cited 32×
• Barfield v. State
  District Court of Appeal of Florida· 2000-06-30· cited 16×
• Thomas v. State
  District Court of Appeal of Florida· 2001-02-14· cited 14×
• Roberts v. State
  District Court of Appeal of Florida· 2009-03-20· cited 12×
• McGee v. State
  District Court of Appeal of Florida· 2001-08-22· cited 11×
• Jones v. State
  District Court of Appeal of Florida· 2002-01-16· cited 8×
• Shaw v. State
  District Court of Appeal of Florida· 2002-08-21· cited 7×
• Wagner v. State
  District Court of Appeal of Florida· 2006-01-25· cited 6×
• Cannon v. State
  District Court of Appeal of Florida· 2009-01-12· cited 4×
• Pittman v. State
  District Court of Appeal of Florida· 2003-04-11· cited 2×
• St. Clair v. State
  District Court of Appeal of Florida· 1991-02-08· cited 2×
• McCree v. SECRETARY, DEPARTMENT OF CORRECTIONS
  M.D. Florida· 2009-09-10
• Rodriguez v. State
  District Court of Appeal of Florida· 1993-04-30

Cites

2 cases in this archive are cited by this case.

• Gardner v. State
  Supreme Court of Florida· 1985-12-12· cited 73×
• Bryant v. State
  Supreme Court of Florida· 1982-03-25· cited 66×