GEORGE JEAN A/K/A JEAN GEORGE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Clark v. State, 881 So. 2d 724 (Fla. 1st DCA 2004)
  …l minutes later (less than two pages later in the transcript) at the end of the testimony from the same witness, counsel moved for a mistrial based on the prejudicial remarks, clearly satisfying the contemporaneous objection rule. See Cole v. State, 866 So. 2d 761, 763 (Fla. 1st DCA 2004) (citing Nixon v. State, 572 So. 2d 1336, 1340-1341 (Fla.1990) (“a motion for mistrial need not be made in the next breath following the objection to the offensive remark.”)). Twice during this discussion concerning a mistria…
• Johnson v. State, 177 So. 3d 1005 (Fla. 1st DCA 2015)
  …ny of Special Agent Lomonaco during the cross-examination of the Appellant and during closing argument. The Appellant properly preserved her argument regarding the cross-examination bolstering by objecting and moving for mistrial. See Cole v. State, 866 So. 2d 761, 763 (Fla. 1st DCA 2004) (“Generally, to preserve an issue for appeal based on improper argument, counsel is required to object and request a mistrial.”). However, the Appellant failed to properly preserve the argument regarding the improper bolster…
• Smith v. State (Fla. 1st DCA 2022)
  …arguments, this Court has limited the exception in White to apply only when a party raises an error “before the jury retire[s] for deliberations” and objects “at the first possible moment following the prosecution’s closing argument.” Cole v. State, 866 So. 2d 761, 764 (Fla. 1st DCA 2004). Counsel objected twice during the State’s closing arguments, but neither objection preserved the arguments Smith makes on appeal. Smith’s first objection, made right after the State’s initial closing argument, falls within…