WAKIL GORDON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Jackson v. State, 89 So. 3d 1011 (Fla. 4th DCA 2012)
  …. In those circumstances, the testimony, unlike the testimony here, is more likely to suggest the culpability of the defendant by reference to something other than the facts of the charged crime. This case is distinguishable from Wimberly v. State, 41 So. 3d 298 (Fla. 4th DCA 2010), where we found certain statements by the prosecutors in closing argument to be “improper and objectionable.” Id. at 302. In a case where the prosecution had problems with its witnesses’ memories, one prosecutor argued that the n…
• Juliann Guerrero v. State, 125 So. 3d 811 (Fla. 4th DCA 2013)
  …s by appellant were evidence of appellant’s state of mind at the time of the incident. As mentioned above, however, the use of the racial slur should be relevant to appellant’s state of mind as an element of the crime charged. See Wimberly v. State, 41 So. 3d 298, 303 (Fla. 4th DCA 2010) (citing Rich). In contrast to the statements made in Wimberly, the statements made by the appellant here have little bearing on an element of battery on a law enforcement officer or any element of trespass. The vast majority…
• Rodrigues Elijah Wright v. State, 174 So. 3d 558 (Fla. 4th DCA 2015)
  …ecutor claimed that the modern ammunition precluded a finding that the gun was an antique firearm. While We agree that these statements by the prosecutor were improper because they injected facts not contained in the evidence, see Wimberly v. State, 41 So. 3d 298, 301-02 (Fla. 4th DCA 2010) (finding argument improper because “it injected ‘facts’ not contained in the evidence” and was “completely unsupported by any evidence at trial”), they.did not amount to fundamental error. The ammunition was in evidence a…