RALPH R. SPITZNOGLE, APPELLANT,

v.

DUNNELLON MOOSE LODGE # 2308 ETC., APPELLEE

Citator

Cited By (11 total)

• Zack v. State, 911 So. 2d 1190 (Fla. 2005)
  …d to the jury’s verdict. Appellate counsel did not perform deficiently by failing to raise this claim. To the extent that the prosecutor’s comment can be considered a “conscience of the community” argument, relief is also denied. In Smith v. State, 818 So. 2d 707, 710-11 (Fla. 5th DCA 2002), the district court considered the same type of argument. The prosecutor told the jury: “[Y]ou are citizens that speak on behalf of your community.... You are citizens that speak on behalf of your community in rendering a…
• Augustin Fleurimond v. State, 10 So. 3d 1140 (Fla. 3d DCA 2009)
  …fair is it to [*1149] Miami-Dade County that there’s people out there, these two individuals?” Florida courts consistently have condemned impassioned arguments which appeal to the jury’s community sensibilities or civil conscience. Smith v. State, 818 So. 2d 707, 710 (Fla. 5th DCA 2002); Otero v. State, 754 So. 2d 765, 769 (Fla. 3d DCA 2000); Birren v. State, 750 So. 2d 168, 169 (Fla. 3d DCA 2000). As such, this appeal to the jurors by the prosecutor was error. Defense counsel moved for a mistrial based on…
• Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019)