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· 12/29/1995

Winston v. Mississippi Employment Security Commission

Citations

  • 675 So. 2d 1287
  • 1995 Miss. App. LEXIS 605
  • 1995 WL 867075

How courts have described this case

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

  • holding that a defendant can present an unpre-served claim of insufficiency on appeal in a noncapital case only when the evidence is “insufficient to show that a crime was committed at all”
  • holding that an \argument that the evidence is totally insufficient as a matter of law to establish the commission of a crime need not be\ made in the trial court to preserve the point for appeal
  • stating that fundamental error occurs “when the evidence is insufficient to show that a crime was committed at all”
  • explaining that “a conviction imposed upon a crime totally unsupported by evidence constitutes fundamental error”
  • stating that, under Florida law, the “argument that the evidence is totally insufficient as a matter of law to establish the commission of a crime need not be preserved”
  • noting that only fundamental error “may be raised for the first time on appeal”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barber, Bridges, Coleman, Diaz, Fraiser, King, Memillin, Payne, Southwick, Thomas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.