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17.08.2012 | 18:27
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District Court of Appeal, 1st District - Nos. 96-297, 96-298.November 9, 2006, DecidedMeanwhile, Ms. Laquidara continued to have conversations with Mr. Shields in which she assured him that she would recommend the March 14, 2005 settlement proposal to the City Council. (Declaration of Richard Pratt, Ex. 12.) In fact, in April 2005 Mr. Shields believed that the City had agreed to a "settlement in principle." Mr. Shields described the agreement as follows:Respondent's Motion to Strike Petitioner's Brief on Jurisdiction is hereby denied.787 So 2d 838787 So. 2d 838;2001 Fla LEXIS 11402001 Fla. LEXIS 1140;26 Fla L Weekly S 38926 Fla. L. Weekly S 389;26 Fla L Weekly S 46326 Fla. L. Weekly S 463 881 So. 2d 557::State Farm Mut. Auto. Ins. Co. v. Universal Med. Ctr. of S. Fla., Inc.::March 17, 2004Supreme Court of FloridaOVERVIEW: Defendant said that the victim reached for a knife, but defendant grabbed it first and then stabbed the unarmed victim. Defendant contended that he stabbed the victim in self-defense. The medical examiner testified that the victim was stabbed several times, beaten with a bat and tire iron, and had his throat slit. While the victim was dead or dying, a gang's insignia was carved into his forehead. The State filed a notice of intent to rely on evidence that defendant and a codefendant were active members of the gang, an explanation of what the gang was, an explanation of the markings carved on the victim's forehead, and the significance thereof. The appellate court found, inter alia, that the trial court's evidentiary ruling was well within its discretion. The evidence was admissible on the issues of premeditation and intent, and to rebut the claim of self-defense. Consequently, defendant was properly convicted of second-degree murder.Opinion by: BARFIELDTorts > Public Entity Liability > Immunity > General Overview

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