ANTHONY JAMES MELTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY JAMES MELTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
402 So. 2d 30
Florida District Court of Appeal, First District (1981)
Caution
Cited by 12 cases
Opinion of the Court
PER CURIAM.
In view of the trial court’s instruction to the jury, we do not find the remarks of Assistant State Attorney Harry Harper to the jury in his closing argument to require reversal. These remarks were as follows:
Now, I don’t know if any of y’all have been watching any of the other trials in this Courtroom, but one of the amusing things about defending cases, criminal cases and whatnot, the defense lawyers in wanting to defend their clients, is some of the argument they will come up with just to try to thwart the jury using common sense.
As in Cochran v. State, 280 So. 2d 42 (Fla. 1st DCA 1973), and Simpson v. State, 352 So. 2d 125 (Fla. 1st DCA 1977), however, such remarks constitute a gratuitous insult to the adversary system of justice which the prosecutor serves, are highly improper and unethical.
AFFIRMED. McCORD and SHIVERS, JJ., and LILES, WOODIE A., (Retired) Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barnes v. State, 743 So. 2d 1105 (Fla. 4th DCA 1999)…lished. See Briggs v. State, 455 So. 2d 519 (Fla. 1st DCA 1984); Cochran v. State, 280 So. 2d 42 (Fla. 1st DCA 1973); Simpson v. State, 352 So. 2d 125 (Fla. 1st DCA 1977); Hufham v. State, 400 So. 2d 133 (Fla. 5th DCA [*1107] 1981); Melton v. State, 402 So. 2d 30 (Fla. 1st DCA 1981); Westley v. State, 416 So. 2d 18 (Fla. 1st DCA 1982); McGee v. State, 435 So. 2d 854 (Fla. 1st DCA 1983). This court has joined the many courts condemning the tactic. See Cochran v. State, 711 So. 2d 1159 (Fla. 4th DCA 1998); Lan…
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McGEE v. State, 435 So. 2d 854 (Fla. 1st DCA 1983)…ave no intention of departing from our prior decisions on this point. See, Cochran v. State, 280 So. 2d 42 (Fla. 1st DCA 1973); Reed v. State, 333 So. 2d 524 (Fla. 1st DCA 1976); Simpson v. State, 352 So. 2d 125 (Fla. 1st DCA 1977); Melton v. State, 402 So. 2d 30 (Fla. 1st DCA 1981); Cooper v. State, 413 So. 2d 1244 (Fla. 1st DCA 1982); and Westley v. State, 416 So. 2d 18 (Fla. 1st DCA 1982). However, because of the absence of any substantial factual controversy which possibly could have been influenced one…
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Briggs v. State, 455 So. 2d 519 (Fla. 1st DCA 1984)…00 So. 2d 133 (Fla. 5th DCA 1981) made comments which the appellate court analogized to those made in Cochran. Again, the conviction appealed was affirmed. Undeterred by Irvin, Cochran, Simpson, and Hufham, supra, the prosecutor in Melton v. State, 402 So. 2d 30 (Fla. 1st DCA 1981) argued that it is amusing how defense attorneys come up with arguments to thwart the common sense of the jurors. Again, this Court determined that such remarks constitute a gratuitous insult to the adversary system of justice, an…
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- Cochran v. State, 280 So. 2d 42 (Fla. 1st DCA 1973)
- Ezekial Simpson v. State, 352 So. 2d 125 (Fla. 1st DCA 1977)