VORCHHEIMER

v.

SCHOOL DISTRICT OF PHILADELPHIA ET AL.

Citator

Cited By (33 total)

• Brooks v. State, 762 So. 2d 879 (Fla. 2000)
  …be granted when it is “reasonably evident that the remarks might have influenced the jury to reach a more severe [*908] verdict of guilt than it would have otherwise done.” Darden v. State, 329 So. 2d 287, 289 (Fla.1976), cert. denied, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977). Each case must be considered on its own merits, however, and within the circumstances surrounding the complained of remarks. Id. Compare Paramore with Wilson v. State, 294 So. 2d 327 (Fla.1974). Breedlove v. State, 413 So.…
• Bush v. State, 461 So. 2d 936 (Fla. 1984)
  …by a state’s attorney is clear, each case must be considered upon its own merits and within the circumstances pertaining when the questionable statements are made .... ” Darden v. State, 329 So. 2d 287, 291 (Fla.1976), cert. dismissed, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977). In Darden, for example, the state continuously referred to the defendant as an [*942] animal and played upon the necessity of restraining him permanently. We held that within the context of the argument, that reference to th…
• Teffeteller v. State, 439 So. 2d 840 (Fla. 1983)
  …56 L.Ed.2d 93 (1978). If the facts shown by the evidence are shocking, prosecutorial comments thereon are likely to be somewhat intense and such fair comment is permissible. Darden v. State, 329 So. 2d 287 (Fla.1976), cert. dismissed, 430 U.S. 704, 97 S.Ct. 1671, 51 L.Ed.2d 751 (1977). As the majority opinion recognizes, the cases cited therein pertaining to improper inflammatory argument were decided under the old capital felony sentencing proceedings. Under prior law in Florida, a conviction of a capital…