BRENDA TUCKER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (27 total)

• Dusty Ray Spencer v. State, 645 So. 2d 377 (Fla. 1994)
  …ful or fundamentally tainted as to require a new trial, or be so inflammatory that they might have influenced the jury to reach a more severe verdict than that it would have otherwise. Blair v. State, 406 So. 2d 1103,1107 (Fla.1981); Lopez v. State, 555 So. 2d 1298, 1299 (Fla. 3d DCA 1990). The prosecutor’s single comment about the rifle does not meet any of these requirements. Thus, the trial court did not err in denying Spencer’s motion for a mistrial on this basis. Finding no error as to the guilt phase of…
• Lewis v. State, 711 So. 2d 205 (Fla. 3d DCA 1998)
  …ypes of arguments on the basis of his or her own assessment of the “overwhelming” nature of the evidence and the harmless nature of the impropriety.1 Turning now to an analysis of the impact of the improper comments in this case, in Lopez v. State, 555 So. 2d 1298 (Fla. 3d DCA 1990), this Court held that in order for a prosecutor’s comment to merit a new trial, the comment must be of such a nature as to: 1) deprive the appellant of a fair trial; 2) materially contribute to his conviction; 3) be so harmful or…
• State v. Benton, 662 So. 2d 1364 (Fla. 3d DCA 1995)
  …al order. See Crump v. State, 622 So. 2d 963, 971-972 (Fla.1993) (prosecutor’s comment described “defense as an ‘octopus’ clouding the water in order to ‘slither away1 ... not so outrageous as to taint the jury’s finding of guilt.”); Lopez v. State, 555 So. 2d 1298 (Fla. 3d DCA 1990); cf. Alvarez v. State, 574 So. 2d 1119 (Fla. 3d DCA 1991) (repeated comments). As to the state’s impermissible comment on defendant’s right to remain silent, defendant’s failure to request a curative instruction or a mistrial1 aft…

Authorities Cited

• Cummings v. State, 378 So. 2d 879 (Fla. 1st DCA 1979)
• Williams v. State, 419 So. 2d 1118 (Fla. 4th DCA 1982)
• State v. Farrugia, 419 So. 2d 1118 (Fla. 1st DCA 1982)