ROBERT MARULLO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Adams v. State, 585 So. 2d 1092 (Fla. 3d DCA 1991)
  …392, 100 So. 254 (1924); Restrepo v. State, 552 So. 2d 1126 (Fla. 3d DCA 1989); Duque v. State, 460 So. 2d 416 (Fla. 3d DCA 1984), review denied, 467 So. 2d 1000 (Fla.1985); Williamson v. State, 459 So. 2d 1125 (Fla. 3d DCA 1984); Williams v. State, 548 So. 2d 898 (Fla. 4th DCA 1989); Libertucci v. State, 395 So. 2d 1223 (Fla. 3d DCA 1981); Mulford v. State, 416 So. 2d 1199 (Fla. 4th DCA 1982); Richardson v. State, 335 So. 2d 835 (Fla. 4th DCA 1976). The prosecutor's comments during closing were not only out…
• Tillman v. State, 647 So. 2d 1015 (Fla. 4th DCA 1994)
  …ence which he saw no need to present to them was highly improper and prejudicial, necessitating reversal. Id. at 552. In Williams v. State, defense counsel commented that there were seven to ten witnesses and the state only presented one. Williams, 548 So. 2d 898, 899 (Fla. 4th DCA 1989). In response, the state replied, “Why would we call seven to ten people to say the same thing?” Id. This court reversed and found this reply to be clearly violative of the rule that the response cannot suggest there are othe…
• Gadson v. State, 600 So. 2d 1287 (Fla. 4th DCA 1992)
  …es that the trial court hold a hearing on a motion to suppress before the trial begins and that the court make its ruling on the motion before the trial begins, upon the basis of the evidence adduced at the hearing on the motion); Williams v. State, 548 So. 2d 898 (Fla. 4th DCA1989) (trial court is obligated to hear a pre-trial motion to suppress before proceeding with the trial). On the basis of this precedent we must reverse Gadson’s conviction and remand this case to the trial court with instructions to c…

Authorities Cited

• State v. Prusinsky, 543 So. 2d 411 (Fla. 4th DCA 1989)
• Spivey v. State, 501 So. 2d 698 (Fla. 2d DCA 1987)