LEWIS JOSEPH HAWTHORNE
v.
THE STATE OF FLORIDA
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A curative instruction is generally sufficient to dispel the prejudicial effect of an objectionable comment made during trial.
[1] A curative instruction is generally sufficient to remedy the prejudicial effect of an objectionable comment made during trial.
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Join FLexlaw to unlock all legal intelligence“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.”
Court's citation to Talley v. State in affirming the judgment
Lewis Joseph Hawthorne appealed a conviction from the Circuit Court for Miami-Dade County. The trial involved an objectionable comment that was addres…
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Third District Court of Appeal State of Florida
Opinion filed June 4, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2286 Lower Tribunal No. F23-14286 ________________
Lewis Joseph Hawthorne, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.
Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.
James Uthmeier, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.
Before LOGUE, C.J., and LOBREE and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Talley v. State, 260 So. 3d 562, 571-72 (Fla. 3d DCA 2019) (“Generally speaking, the use of a curative instruction to dispel the prejudicial effect of an objectionable comment is sufficient.” (citing Jennings v. State, 124 So. 3d 257, 266 (Fla. 3d DCA 2013))).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019)
- Webb v. State, 124 So. 3d 257 (Fla. 1st DCA 2013)