ELLIS JONES AND MARCUS JEROME MCGILL, APPELLANTS,
v.
THE STATE OF FLORIDA, APPELLEE
ELLIS JONES AND MARCUS JEROME MCGILL, APPELLANTS,
THE STATE OF FLORIDA, APPELLEE
555 So. 2d 406
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 1 case
Opinion of the Court
SCHWARTZ, Chief Judge.
There is no harmful error relating to the conviction of the appellant McGill. The judgment with respect to the appellant Jones, however, is reversed for a new trial because of the clearly harmful and impermissible testimony of the investigating detective that he included Jones’s photo in a photographic display “[bjecause I thought he was a suspect in the case.” See Fulmore v. State, 483 So. 2d 765 (Fla. 4th DCA 1986); Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981). See generally Postell v. State, 398 So. 2d 851 (Fla. 3d DCA), review denied, 411 So. 2d 384 (Fla.1981).
Affirmed in part, reversed in part.
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Citator
Cited By
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Filmore Chaiken and Robert T. Tenen v. Suchman, 694 So. 2d 115 (Fla. 3d DCA 1997)…NESBITT, Judge (Dissenting). We review a trial court’s determination that a party is entitled to attorney’s fees under section 57.105, Florida Statutes for an abuse of discretion. See Hollander v. Gramm, 555 So. 2d 406 (Fla. 3d DCA 1989). The trial court found that there was “no basis whatsoever” for suing Clifford L. Such-man and that there was no justiciable issue raised as to him at the time suit was filed. Because I believe reasonable people could disagree wit…
Authorities Cited
- Postell v. State, 398 So. 2d 851 (Fla. 3d DCA 1981)
- Molina v. State, 406 So. 2d 57 (Fla. 3d DCA 1981)
- Bennie Fulmore v. State, 483 So. 2d 765 (Fla. 4th DCA 1986)