IRENE HARTE, APPELLANT,

v.

JOHN M. KENNEDY, APPELLEE

Citator

Cited By

• Reed v. State, 496 So. 2d 213 (Fla. 1st DCA 1986)
  …mistrial as a result of discovery violations by the prosecution. In the second trial, Gibson was convicted of the same charges as Reed and sentenced to life imprisonment on the murder charge, following a jury recommendation of life. Gibson v. State, 475 So. 2d 1346 (Fla. 1st DCA 1985). The same trial judge presided over the proceedings involving both defendants. Reed was originally charged by information with second degree murder and robbery in January, 1983. On June 30, 1983, the State obtained an indictment…
• State v. James, 710 So. 2d 180 (Fla. 3d DCA 1998)
  …45 So. 2d 853 (Fla.), cert. denied, 493 U.S. 945, 110 S.Ct. 353, 107 L.Ed.2d 341 (1989); Johnson v. State, 545 So. 2d 411 (Fla. 3d DCA), review denied, 551 So. 2d 461 (Fla. 1989); State v. Hutchens, 517 So. 2d 27 (Fla. 3d DCA 1987); Gibson v. State, 475 So. 2d 1346 (Fla. 1st DCA 1985); State v. Dixon, 478 So. 2d 473 (Fla. 2d DCA 1985). . We heartily endorse the trial court’s discussion of the matter: What is of utmost concern to this court is the lack of candor and professionalism this prosecutor displayed t…
• State v. Earnest L. Scurry, 933 So. 2d 565 (Fla. 1st DCA 2006)
  …, 765 So. 2d 819, 822 (Fla. 4th DCA 2000); see Fuente v. State, 549 So. 2d 652, 657-58 (Fla.1989). A narrow exception exists, however, when the State’s misconduct was intended to provoke the defendant into moving for a mistrial. See Gibson v. State, 475 So. 2d 1346, 1347 (Fla. 1st DCA 1985) (stating that for double jeopardy to attach after a mistrial due to prosecutorial misconduct, court must find that prosecution intended to “goad” defendant to move for mistrial). Only under such a scenario of intentional pr…

Authorities Cited

• Schoen v. Gilbert, 436 So. 2d 75 (Fla. 1983)