KEVIN WALKER
v.
THE STATE OF FLORIDA
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The prosecutor's closing arguments were proper because Florida law grants attorneys wide latitude to argue to the jury and draw logical inferences.
[1] Attorneys are permitted to draw logical inferences and advance all legitimate arguments to the jury during closing arguments in Florida criminal trials.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the courts of this state allow attorneys wide latitude to argue to the jury during closing argument. Logical inferences may be drawn, and counsel is allowed to advance all legitimate arguments.”
Court's statement of controlling Florida law regarding permissible closing arguments
Kevin Walker was convicted of second-degree murder of Kevin Henry and attempted manslaughter of Samuel Nolan. Walker appealed, contending the State ma…
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Opinion filed November 20, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-0735 Lower Tribunal No. F17-1803
________________
Kevin Walker,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Andrea R. Wolfson, Judge. Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee. Before FERNANDEZ, LINDSEY, and GOODEN, JJ. PER CURIAM.
second-degree murder of Kevin Henry and the attempted manslaughter of
Samuel Nolan. Appellant contends that the State made improper argument
during closing arguments. We affirm because “the courts of this state allow
attorneys wide latitude to argue to the jury during closing argument. Logical
inferences may be drawn, and counsel is allowed to advance all legitimate
arguments.” Smith v. State, 7 So. 3d 473, 509 (Fla. 2009) (citations
omitted).
Affirmed.
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Ira Toomer v. State (Fla. 3d DCA 2025)
Authorities Cited
- Smith v. State, 7 So. 3d 473 (Fla. 2009)