LACKEY

v.

SCOTT, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Citator

Cited By

• Caraballo v. State, 762 So. 2d 542 (Fla. 5th DCA 2000)
  …aw is clear that a party’s failure to object to improper prosecutorial comments will preclude appellate review, unless the comments are so prejudicial as to constitute fundamental error. See Street v. State, 636 So. 2d 1297 (Fla.1994), cert. denied, 513 U.S. 1086, 115 S.Ct. 743, 130 L.Ed.2d 644 (1995); Fuller v. State, 540 So. 2d 182, 184 (Fla. 5th DCA 1989). The control of prosecutorial comments to the jury is within the trial court’s discretion, and the exercise of that discretion will not be disturbed abs…
• Kent v. State, 702 So. 2d 265 (Fla. 5th DCA 1997)
  …did not object to these comments. A failure to object to improper prosecutorial comment precludes appellate review unless the comments are so prejudicial as to constitute fundamental error. Street v. State, 636 So. 2d 1297 (Fla.1994), cert. denied, 513 U.S. 1086, 115 S.Ct. 743, 130 L.Ed.2d 644 (1995); Pacifico v. State, 642 So. 2d 1178 (Fla. 1st DCA 1994). Fundamental error occurs when the comments are so inflammatory and impermissible as to vitiate the fairness of the entire proceeding. Fuller v. State, 54…
• Hill v. State, 700 So. 2d 449 (Fla. 3d DCA 1997)
  …he law is clear that a party’s failure to object to improper prosecutorial comments will preclude appellate review, unless the comments are so prejudicial as to constitute fundamental error. Street v. State, 636 So. 2d 1297 (Fla.1994), cert. denied, 513 U.S. 1086, 115 S.Ct. 743, 130 L.Ed.2d 644 (1995); Jones v. State, 666 So. 2d 995 (Fla. 5th DCA 1996); Fuller v. State, 540 So. 2d 182 (Fla. 5th DCA 1989). Fundamental error in closing argument occurs when the “prejudicial conduct in its collective import is s…